Health Ombudsman v Warren[2023] QCAT 187

REASONS FOR DECISION

1. [1]
   On the 6th of April 2022, the Queensland Civil and Administrative Tribunal, constituted by me, dealt with the matter of the Health Ombudsman v Kaja Francesca Warren. On 20 April 2022, the Tribunal handed down its reasons, and made a number of findings and orders.^[1] For reasons beyond the control of the parties, unfortunately, the Tribunal was not properly constituted on that date, 6 April 2022. The result is that the purported decision of the Tribunal of 20 April 2022 is null and void. The issue regarding the constitution of the Tribunal has now been rectified, and the Tribunal sits today with a properly constituted panel.
2. [2]
   The Tribunal has reviewed the material previously before the Tribunal, and also the reasons given by the Tribunal on 20 April 2022. Save for some relatively minor variations, the Tribunal considers that the findings and orders made on 20 April 2022 remain appropriate.
3. [3]
   There are two variations to the orders made. In order 5, made on 20 April 2022, the respondent was disqualified from applying for registration as a health practitioner for a period of three years. One year has already all but elapsed. Accordingly, the Tribunal considers – and we would note, with gratitude, that the Health Ombudsman agrees – that it would now be appropriate to limit that disqualification period to a period of two years. The only other variation to the orders made originally is that order 7 – that the interim prohibition order of the Health Ombudsman dated 23 May 2016 be set aside –is now redundant, because that has now occurred.
4. [4]
   Accordingly, for the reasons given, and for the reasons given on 20 April 2022, the Tribunal finds and orders as follows:

1. That in respect of ground 1 of the referral, the respondent behaved in a way that constituted professional misconduct.
2. That in respect of grounds 2 and 3 of the referral, the respondent behaved in a way that constituted unprofessional conduct but limited only to the breach of bail involving the assault.
3. That in respect of grounds 4, 5 and 6 of the referral, the respondent behaved in a way that constituted unprofessional conduct.
4. The respondent is reprimanded.
5. The respondent is disqualified from applying for registration as a health practitioner for a period of 2 years. 
6. The respondent is prohibited from providing a health service in a clinical or non-clinical capacity to patients under the age of 18 years until such a time as she obtains registration as a health practitioner.
7. Each party is to bear their own costs of the proceeding.