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Practitioner v Health Ombudsman [2017] QCAT 265

On 2 August 2016, the matter of A Practitioner v The Health Ombudsman was heard by Judge Sheridan in the Queensland Civil and Administrative Tribunal (QCAT). Judge Sheridan upheld the Health Ombudsman’s interim prohibition order against the practitioner.

In late 2015 the Health Ombudsman imposed an interim prohibition order against an unregistered practitioner for forming a sexual relationship with a vulnerable patient at an inpatient treatment facility where the practitioner worked as a massage therapist.

The practitioner filed an application in QCAT to review the Health Ombudsman’s order.

The Tribunal upheld the Health Ombudsman’s prohibition order against the practitioner, and issued a non-publication order in relation to the proceedings.

Judge Sheridan found that the practitioner’s actions posed serious risk and that immediate action taken by the Health Ombudsman at the time was necessary to protect public health and safety.

QCAT’s decision means that the practitioner is prohibited from engaging in any employment or providing any services (paid or otherwise) in a clinical or non-clinical capacity, which relates to the provision of a health service.

A copy of the decision is published on the Queensland Supreme Court Library website.