[1] Up until 16 November 2021, Mr Collard held general registration with the Chiropractic Board of Australia ('Board'). At that time, he surrendered his registration and has not since held registration. These proceedings concern events that occurred prior to that time.
[2] The matter proceeded to a hearing before me on 16 July 2024. There were discussions between the parties and me and as a result the matter was adjourned to allow further discussions between the parties. They have come to an agreed position, and signed a document titled "Agreed statement of facts, finding, and determinations".
[3] The parties now seek orders in light of that agreement. It is important to note that a position jointly proposed by parties is "plainly a relevant and important matter" to take into account in determining the orders I should make. If satisfied the agreed position is appropriate it is desirable that I accept it.
[4] The parties also ask that I determine the matters on the papers. It is appropriate I do so. The applicant has filed supplementary submissions which he relies on in addition to the original submissions.
[5] In 2014, Mr Collard sold his practice and was thereafter semi-retired but accepted locum work and provided treatment to family and friends from his home.
[6] In August 2017 the Board suspended Mr Collard's registration. The first delegation which is accepted in which Mr Collard failed to obtain appropriate indemnity insurance from on or about 1 March 2017 to 31 August 2017. In that time he continued to provide chiropractic services. Until 28 February 2017 he had an appropriate policy with guild insurance but did not renew it thereafter. He said he had attempted to obtain retirement insurance from that company but was told they did not offer that type of cover.
[7] The second allegation is that from 1 September 2017 to 20 February 2021, the respondent practised while his registration was suspended. The Board defines 'practise' to include any role, whether remunerated or not, when an individual uses their skills and knowledge as a health practitioner in their profession.
[8] Mr Collard accepts that he provided services and treatment using his skills and knowledge as a chiropractor over that period, which is inconsistent with the Board's Code of Conduct.
[9] The third allegation contains Mr Collard's failure to notify the Board pursuant to s 130 of the Health Practitioner Regulation National Law (Queensland) ('National Law') of the fact that he did not have appropriate insurance from on or about 1 March 2017 to 18 May 2017. On 18 May 2017, Mr Collard sent Ahpra a letter and confirmed he had no intention of renewing his professional indemnity insurance cover, but the Board had no knowledge of that prior. This failure contravenes the National Law and is inconsistent with the Board's Code of Conduct.
[10] The fourth allegation concerns Mr Collard's failure to comply with an audit notice sent to him by the Board on or about 26 April 2017. The audit notice required a response by 31 May 2017. On 1 June 2017, Mr Collard, having earlier questioned the relevance of compliance with the notice, indicated his refusal to do so. Such conduct contravenes s 129(2) of the national law and is inconsistent with the Board's Code of Conduct.
[11] The final allegation concerns Mr Collard's failure to comply with two notices dated 18 November 2019 and 13 October 2021 to provide the Board with information and documents. This concerns his failure to provide details of his patients and residential address, evidence of his insurance, copy of patient records together with evidence of compulsory professional development and recency of practice requirements.
[12] These failures contravene the National Law and his conduct was inconsistent with the Board's Code of Conduct.
[3]
[13] In the circumstances I accept that the conduct Mr Collard engaged in constitutes professional misconduct within the meaning of the term in s 5 of the National Law. The parties jointly submit that it is appropriate the respondent be:
[4]
(a) Reprimanded, pursuant to s 196(2)(a) of the National Law;
(b) Disqualified from applying for registration as a registered health practitioner for a period of five years from the date of this order, pursuant to Section 196(4)(a) of the National Law; and
(c) Prohibited from providing any health service, including but not limited to any health service that utilises or refers to skills and knowledge gained as a chiropractor for a period of five years from the date of this order, pursuant to Section 196(4)(b)(i) of the National Law.
[5]
[14] Consistent with the principles I earlier set out concerning the acceptance of positions jointly proposed by parties I make orders in those terms.