Medical Board of Australia v Martin (No 2)

[2013] QCAT 377

CITATION: Medical Board of Australia v Martin (No 2) [2013] QCAT 377

PARTIES:	Medical Board of Australia (Applicant)
v
Dr Gary Raymond Martin (Respondent)

APPLICATION NUMBER: OCR287-11 & OCR172-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Judge Alexander Horneman-Wren SC, Deputy President

DELIVERED ON: 16 July 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1. Pursuant to s 66 of the Queensland Civil and Administrative Tribunal Act 2009 the publication of information identifying PRD is prohibited.

CATCHWORDS:

HEALTH PROFESSIONALS – MEDICAL PRACTITIONERS – DISCIPLINARY PROCEEDINGS – where the death of a patient was the subject of a coronial inquest – whether a non-publication order should be made in regards to the patient

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66, s 66(2), s 66(3)

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009(Qld) (QCAT Act).

REASONS FOR DECISION

1. The Tribunal under s 66 of the QCAT Act may make an order prohibiting the publication of information that may enable a person who is affected by a proceeding to be identified.[1]  The Tribunal may make such an order if the Tribunal considers it necessary for some reason in the interests of justice; or to avoid the publication of information whose publication would be contrary to the public interest.[2]  The Tribunal may make the order on the application of a party or on its own initiative.[3]

   [1] QCAT Act, s 66.

   [2] QCAT Act, s 66(2).

   [3] QCAT Act, s 66(3).

2. PRD's family has not participated in these proceedings nor have they provided consent for PRD's personal information to be publicised. Although PRD’s death has already been the subject of a coronial inquest, in which his family participated, it is not in the public interest that documents containing information on PRD which would otherwise be treated in confidence be publicised.[4] I will make a non-publication order prohibiting the publication of information identifying PRD.

   [4] QCAT Act, s 66(2).