The Health Ombudsman v David John Levick

The Health Ombudsman filed an application against Dr David John Levick seeking disciplinary action after his conviction for assault occasioning bodily harm. The conduct in question arose during a patient consultation. The case was heard and determined in the Queensland Civil and Administrative Tribunal. The primary issues before the Tribunal were whether the respondent's conduct constituted professional misconduct or unprofessional conduct, and if so, what the appropriate sanction should be.

The Tribunal considered whether the respondent's assault of a patient during a consultation constituted professional misconduct under section 131 of the Health Ombudsman Act 2013 (Qld). It also considered whether the same conduct constituted unprofessional conduct under section 132 of the Act. The Tribunal found that the respondent's actions did constitute both professional and unprofessional conduct. The Tribunal determined that the appropriate sanction for the respondent's conduct was a suspension of his registration for a period of two months, effective from 1 May 2017.

The Tribunal ordered that Dr David John Levick's registration as a medical practitioner be suspended for a period of two months, effective from 1 May 2017. The Tribunal also ordered that the respondent pay the costs of the proceedings as assessed on the District Court scale or as agreed between the parties following assessment. The Tribunal found that the suspension of registration for two months was an appropriate sanction given the seriousness of the respondent's conduct, and the need to protect the public and maintain public confidence in the medical profession.