Medical Board of Queensland v Broadbent (No.3)

[2010] QCAT 488

QUEENSLAND CIVIL AND ADMINISTRATIVE

TRIBUNAL

CITATION: Medical Board of Queensland v Broadbent (No.3) [2010] QCAT 488

PARTIES:	Medical Board of Queensland (Applicant)
V
Michael Russell Mark Broadbent (Registrant)

APPLICATION NUMBER:  2962 of 2007, 976 of 2008, 1189 of 2008

MATTER TYPE: Occupational regulation matters/disciplinary hearing

HEARING DATE:   2 September 2010

HEARD AT:       Southport

DECISION OF: Judge C.F. Wall Q.C. assisted by Dr P Richardson, Dr G Powell and Ms G Bolland

DELIVERED ON: 2 September 2010

DELIVERED AT:   Southport

ORDERS MADE:

The registrant having undertaken under section 241(1)b) of the Health Practitioners (Professional Standards) Act, that, the Tribunal having found that grounds for disciplinary action are established in the respects referred to in its judgment delivered on 10 June 2010, he will retire permanently from medical practice, never re-apply to the National Board for the Health Profession for registration in Australia as a practising medical practitioner and not seek to be relieved of this undertaking it is ordered under section 242(1)(b) of the Health Practitioners (Professional Standards) Act that details of this undertaking be recorded in the Board's register for the period for which the undertaking is in force.

CATCHWORDS:

HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT – DISCIPLINARY PROCEEDINGS – PENALTY - Unsatisfactory professional conduct – primary function of proceedings to protect the public interest – registrant giving an undertaking pursuant to s. 241(2) of the Health Practitioners (Professional Standards) Act  - permanent retirement from medical practice – practical effect greater than suspension

HIS HONOUR:  We have considered this matter and on the basis
that the primary function of these proceedings, the Registrant
having been found liable in the respects referred to in the
judgment, is to protect the public interest, it is our view
that the matter of penalty could be satisfactorily resolved by
requiring the Registrant under section 241 subsection 2 of the
Health Practitioner's (Professional Standards) Act to give an
undertaking in the form in which I will hand to the parties
and that there will also be an order under section 242(1)(b)
as to the recording of that undertaking.

We consider that an undertaking in those terms will have a
practical effect on the registrant far greater than suspension
for a period of five years.  Now, it is up to you, Mr Diehm,
to make the necessary inquiries as to whether Dr Broadbent is
prepared to give the undertaking which we require him to give.

MR DIEHM:  Yes, your Honour, and I'll have those inquiries
made.  In your Honour's hands, of course, as to whether we
proceed with the cost submissions while that's being done.

HIS HONOUR:  Well, I think we can.

MR DIEHM:  Thank you, your Honour.

HIS HONOUR:  I will for the sake of the public indicate what
the terms of the undertaking are that the Tribunal requires
Dr Broadbent to give.  It is in these terms:

"I, Michael Russell Mark Broadbent undertake that, the
Tribunal having found that grounds for disciplinary action are
established in the respects referred to by the tribunal in its
judgment delivered on 10 June 2010 1, I will retire
permanently from medical practice; 2, I will never reapply to
the National Board for the Health Profession for registration
in Australia as a practising medical practitioner, and 3, I
will not seek to be relieved of this undertaking."

That is the undertaking which we would require him to give
and, as I said, if he is prepared to give that undertaking
details of it will be recorded in the Board's register and
I'll make a formal order to that effect once he gives the
undertaking, if he does.

...

Mr DIEHM:  Your Honour and Members of the Tribunal, if we may indicate before proceeding to our costs submissions, that the registrant's instructions are to give that undertaking.

HIS HONOUR:  All right.  Well, all right.  Well, I'll just make a formal order.

MR DIEHM:  Thank you.

HIS HONOUR: Under section 241(2)(d) of the Health Practitioners (Professional Standards) Act the Tribunal requires an undertaking from Michael Russell Mark Broadbent in the following terms, "I, Michael Russell Mark Broadbent, undertake that, the Tribunal having found that grounds for disciplinary action are established in the respects referred to by the Tribunal in its judgment delivered on 10 June 2010 (1) I will retire permanently from medical practice; (2) I will never reapply to the National Board for the Health Profession for registration in Australia as practising medical practitioner; (3) I will not seek to be relieved of this undertaking."

The registrant, having given that undertaking, I order under section 242(1)(b) of the Health Practitioners (Professional Standards) Act, that details of this undertaking be recorded in the Board's register for the period for which the undertaking is in force.

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