Health Ombudsman v Yu

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Health Ombudsman v Yu [2025] QCAT 237

PARTIES:

HEALTH OMBUDSMAN

(applicant)

v

QING YU

(respondent)

APPLICATION NO/S:

OCR121-24

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

22 May 2025 (decision)

11 August 2025 (reasons)

HEARING DATE:

On-papers hearing

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Rinaudo AM
Assisted by:
Ms J Felton
Ms S Hopkins
Mr S Lewis

ORDERS:

CATCHWORDS:

IT IS THE DECISION OF THE TRIBUNAL THAT:

1. Pursuant to s 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) (‘HO Act), in respect of allegation 1, the respondent has behaved in a way that constitutes professional misconduct.

2. Pursuant to s 107(2)(b)(ii) of the HO Act, in respect of allegation 2, the respondent has behaved in a way that constitutes unprofessional conduct.

3. Pursuant to s 107(3)(a) of the HO Act, the respondent is reprimanded.

4.     There is no order as to costs.

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – where the respondent was convicted of fraud and making false declarations regarding traffic offences – where the respondent would falsely declare that she was not in charge of the vehicle at the time of the traffic offence and would nominate fictitious entities for the purpose of avoiding the fines – where the respondent failed to notify of a relevant event under s 130 of the National Law – whether the respondent’s conduct amounts to professional misconduct – whether the failure to notify constitutes unprofessional conduct – whether the respondent has demonstrated remorse or insight – where the parties have filed a statement of agreed facts – where the respondent admits the conduct – whether the respondent’s conduct warrants a reprimand

Criminal Code Act 1899 (Qld)

Health Ombudsman Act 2013 (Qld)
Health Practitioner Regulation National Law (Queensland)

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Briginshaw v Briginshaw (1938) 60 CLR 336
Fittock v Legal Profession Conduct Commissioner (No 2) [2015] SASCFC 167
Health Ombudsman v Antley [2016] QCAT 472
Health Ombudsman v Henson [2020] QCAT 72
Health Ombudsman v Ku [2019] QCAT 377
Health Ombudsman v Niem Quoc Tang [2020] QCAT 165

Medical Board of Australia v YOS [2023] QCAT 164

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

The Conduct the Subject of the Referral

1. The respondent obtained a Bachelor of Nursing from the University of Western Sydney in 2012.  On or around 11 July 2013, the respondent was granted registration by the Nursing and Midwifery Board of Australia (‘Board’).  The respondent failed to renew her registration and was unregistered between 31 May 2014 and 20 October 2014.  She has been registered since then.

2. At the time the conduct occurred the respondent was registered, but not employed, as a registered nurse.  The applicant’s case is that:

   (a)Allegation one: On 21 December 2024, the respondent was convicted in the Magistrates Court of Queensland of:

   (i)…