Pharmacist Board v Gordon

CITATION: Pharmacist Board of Queensland v Gordon [2010] QCAT 181

PARTIES:	Pharmacist Board of Queensland (Applicant)
v
Brian McCormack Gordon (Respondent)

APPLICATION NUMBER:             HPF020-09               

MATTER TYPE: Occupational Regulation

HEARING DATE:     9 March 2010

HEARD AT:    Brisbane

DECISION OF: Deputy President Kingham
(Assessors:
Mr Brett Simmonds;
Mr Andrew Foote Petrie;
Ms Jennifer Anne Felton)

DELIVERED ON:    30 April 2010

DELIVERED AT:    Brisbane

ORDERS MADE:

1.    Mr Gordon is reprimanded.

2.    Mr Gordon may not reapply to be registered as a pharmacist for a period of two years from today.

3.    A condition must be imposed on any future registration of Mr Gordon as a pharmacist that he must participate in four counselling sessions over a period of 1 year from registration, conducted by a Pharmacist or professional ethics adviser approved by the Board. The purpose of the counselling is to develop and reinforce Mr Gordon’s understanding of professional responsibilities and reputation and the implications of personal conduct for professional reputation and public confidence in the profession. Mr Gordon is to bear the reasonable cost of the counselling sessions.

4.    Mr Gordon must pay the Board’s costs of these proceedings as agreed or assessed on a standard basis against the scale applicable in the District Court of Queensland.

CATCHWORDS : 

HEALTH PRACTITIONER – GROUND FOR DISCIPLINARY ACTION – Where registrant convicted of indictable offences – where registrant no longer registered – where agreed he should not be allowed to reapply for a period – whether condition should be imposed upon re-registration.

HEALTH PRACTITIONER – CONDITIONS OF REGISTRATION – where offending conduct did not violate professional boundaries – whether boundary awareness counselling a relevant condition – whether other counselling appropriate.

Health Practitioners (Professional Standards) Act 1999 ss 9, 123,124(1)(i), 243(2)(b)(ii)(iii), 255

Queensland Civil and Administrative Tribunal Act 2009 s256

Dental Board of Queensland v Cullen  [2006] QHPT 004; considered

Holms v Dental Board of Queensland BD 470/04, unreported decision of O’Brien DCJ, 20 February 2006; considered

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Paul McCowan of McGuiness Wilson Lawyers
RESPONDENT:	Mr Gordon represented himself

REASONS FOR DECISION

1. Mr Gordon pleaded guilty to offences relating to downloading and possessing child exploitation material.[1] His conviction of those offences establishes a ground for taking disciplinary action against Mr Gordon.[2]

   [1]               Convicted and sentenced in the District court at Hervey Bay on 4 February 2009 of three counts. Count 1: used a carriage service to access child pornography material (12 months imprisonment released on $100 recognisance provided the offender is of good behaviour for 3 years); count 2: used a carriage service to access child abuse material (12 months imprisonment released on $100 recognisance provided the offender is of good behaviour for 3 years); count 3: knowingly possessed child exploitation material (12 months imprisonment fully suspended with an operational period of 3 years).

   [2]               Health Practitioners (Professional Standards) Act 1999 s124(1)(i). This matter was referred to the former Health Practitioners Tribunal, now abolished, and is dealt with by the Tribunal pursuant to the Queensland Civil and Administrative…