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Health Ombudsman v Kandice Koo Jolley [2019]

The matter of Health Ombudsman v Kandice Koo Jolley was heard by Deputy President Judge Sheridan in the Queensland Civil and Administrative Tribunal (QCAT). The Tribunal found the practitioner had behaved in a way that constitutes professional misconduct, was reprimanded and is subject to conditions on her registration.

On 29 June 2018, the Health Ombudsman referred disciplinary proceedings to the Tribunal against Kandice Koo Jolley, an enrolled nurse, charged with professional misconduct, relating to having:

  1. transgressed the professional boundaries of a nurse with a patient while working at the Princess Alexandra Hospital; and
  2. breaching her duties of confidentiality by disclosing in her dealings with the patient confidential information about four patients.

The matter proceeded by way of a statement of agreed facts with the practitioner accepting that the conduct amounted to professional misconduct, there was disagreement between the parties as to the appropriate sanction.

Prior to the hearing the practitioner worked for a period of time under supervisory conditions, which has been removed prior to the hearing date. The oral hearing was held on 19 and 20 December 2018 and the decision was delivered on 2 July 2019.

Sanction

The Tribunal found the conduct amounted to professional misconduct.

The Health Ombudsman submitted that the circumstances of the conduct warranted a period of suspension of between six and 18 months.

The Tribunal found in the circumstances of this case, that the practitioner had demonstrated remorse and insight into her wrongdoing and did not consider that a period of suspension was necessary.

The Tribunal ordered:

  1. the practitioner was reprimanded;
  2. the practitioner was subject to conditions on her registration including mentoring and counselling; and
  3. the review period for the conditions was set at twelve months.