Nursing and Midwifery Board v Burrows

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Nursing and Midwifery Board of Australia v Burrows [2020] QCAT 164

PARTIES:

NURSING AND MIDWIFERY BOARD OF AUSTRALIA

(applicant)

v

GRANT BURROWS

(respondent)

APPLICATION NO/S:

OCR186-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

27 May 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC, assisted by Ms L Dyer, Ms S Harrop and Mr J McNab. 

ORDERS:

1.   The Tribunal decides that, in respect of Ground 1 of the referral, the respondent behaved in a way that constituted professional misconduct. 

2.   The Tribunal decides that, in respect of Grounds 2 and 3 of the referral, the respondent behaved in a way that constituted unprofessional conduct. 

3.   The Tribunal cancels the registration of the respondent. 

4.   The respondent is disqualified from applying for registration as a registered health practitioner for a period of four years from the date of this order. 

5.   The parties bear their own costs of the proceeding. 

CATCHWORDS:

PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – NURSES – DISCIPLINARY PROCEEDINGS – Professional misconduct – conviction of historical sex offence – failure to notify charge or conviction – characterisation of conduct - sanction

Health Practitioner Regulation National Law (Qld) s 5, s 130, s 138, s 139, s 193B;

Health Ombudsman v Armstrong [2018] QCAT 382
Health Ombudsman v GCV [2020] QCAT 30
Health Ombudsman v Rissanen [2020] QCAT 96
Medical Board of Australia v Wong [2017] QCA 42
Nursing and Midwifery Board of Australia v Dibbs [2015] QCAT 241
Nursing and Midwifery Board of Australia v FH [2010] QCAT 675
Nursing and Midwifery Board of Australia v Tainton [2014] QCAT 161
Psychology Board of Australia v GA [2014] QCAT 409

REPRESENTATION:
Applicant:	Clayton Utz Lawyers for the applicant
Respondent:	Self-represented
APPEARANCES:	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

1. This is a reference by the applicant of disciplinary proceedings against the respondent under the Health Practitioner Regulation National Law (Qld) s 193B. Under s 126 of the Health Ombudsman Act 2013, I constitute the Tribunal. I am sitting with assessors Ms Dyer, Ms Harrop and Mr McNab in accordance with the Act s 126; their function is to advise me in relation to questions of fact: s 127.

2. The respondent is a registered health practitioner for the purposes of the National Law, being a registered nurse. The applicant alleges that the respondent behaved in a way that constituted professional misconduct, in that:

   (a)Ground 1: He was convicted in the District Court of an offence of indecent treatment of a child under twelve, with a circumstance of aggravation.

   (b)Ground 2: He failed to give notice of the fact of his having been charged with the offence. 

   (c)Ground 3: He failed to give notice of the fact of his having been convicted of the offence. 

3. The parties have provided the Tribunal with a statement of facts, setting…