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[2014] QCAT 553
General information, not legal advice.
Queensland Civil and Administrative Tribunal
2014-11-03
Hon J, Thomas AM
Original judgment source is linked above.
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
[1] Further submissions have now been received from the Board.
[2] They include information that Ms Wakelin's registration was in fact renewed from 29 July 2014.
[3] This fact activates jurisdiction to impose an actual suspension, and, under s 196(2)(b) of the adopted National Law, to impose conditions on the registration when it recommences.
[4] At the request of the Board, in lieu of disqualification of the practitioner (under s 196(4)(a)) from applying for registration until 28 February 2015, a suspension (under s 196(2)(d)) until that date will be included in the order.
[5] The draft order presented by the Board sought to include the equivalent of injunctions requiring the practitioner to undertake various courses and counselling during the suspension period. The only power to impose conditions like these is that given by s 196(2)(b) to impose conditions on the practitioner's registration_,_ and this cannot be done during the suspension period.
[6] The desired order for these remedial actions to take place during the suspension period can best be achieved by means of undertakings that are acceptable to the Board. If the practitioner flouts them, she could be declined future registration, or become liable to further disciplinary action.
[7] The Board's further submissions did not directly address its satisfaction with the undertakings concerning courses and counselling during the suspension period, but it may be inferred from the conduct of the parties that they represent the desired outcome.
[8] Therefore subject to the deletion of paragraphs 3 and 4 of the draft order (which are sufficiently covered by the undertakings), the above orders have been prepared consistently with the balance of the draft presented by the Board.
[9] Having imposed conditions on Ms Wakelin's registration, under s 196(3) of the adopted National Law the Tribunal is also required to impose a review period for the conditions. The parties have submitted that an appropriate period for review is 12 months. Pursuant to sub-paragraph d of condition 4, the Tribunal has required the provision of written reports from Ms Wakelin's supervisor at three monthly intervals from her return to practice up to a period of 12 months from her return to practice. It is clear from that condition that the Tribunal was envisaging supervision for a period of 12 months. It would be appropriate at the end of that time for the conditions in question to be reviewed.
[10] So as to avoid the parties bringing a further application to this Tribunal at that time, it is necessary to make a further order permitting the Board to deal with the review of the condition. An order should be made to allow that to occur.[4]
[1] Decision amended by order of the Tribunal on 4 April 2017.
[2] Decision amended by order of the Tribunal on 4 April 2017.
[3] Decision amended by order of the Tribunal on 4 April 2017.
[4] Decision amended by order of the Tribunal on 4 April 2017.
Psychology Board of Australia
Wakelin