Keep Sexual Offenders Out of Our Health Care System

Keep Sexual Offenders Out of Our Health Care System

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09 June 2020

To The Queensland Health Ombudsman


On 7 February 2020 a Brisbane Kinesiologist was found guilty of sexually assaulting his patient.
 - In Queensland the maximum penalty for sexual assault is 10 years in prison, unless there is aggravation (a weapon is used or more than one person is involved in the assault) in which case the maximum penalty is 14 years in prison.
 - The Sexual Offender got a soft, wholly suspended sentence of 9 months incarceration for an operational period of 18 months.
 - The Judge gave weight to the Defence Counsel's argument that the perpetrator would no longer be allowed to work as a Kinesiologist.
 - The Sexual Offender did not have to pay a fine, do community service, attend therapy, or make any sort of apology. He walked out of court a free man.

Following the Guilty Verdict from the Criminal Trial, The QLD Health Ombudsman began an internal investigation to decide if the perpetrator will be allowed to re-open his practice to all patients, or will be restricted to seeing certain patients - males. In 2018, when the perpetrator was arrested on the charges of sexual assault, the Health Ombudsman allowed him to continuing seeing certain patients - males. And four months after being found guilty of Sexually Assaulting his patient, he is still working as a Kinesiologist - a Health Profession that gives him authority over patients’ physical, mental and emotional wellbeing.

Would you go to a Health Professional who had sexually assaulted someone?

Do you want to wonder if the Health Practitioner in front of you is a Convicted Sexual Offender?

Are you in support of Sexual Offenders working in positions of trust and authority over people’s health and safety?

The Qld Health Ombudsman exists as the Highest Authority on Health Services’ Integrity and Safety. It is relevant then that your internal investigation was carried out - at least in part - by a man who told the victim (via phone call May 2020) that he personally would go to a doctor who had sexually assaulted a woman because he can assume that as a man he will be safe. That is a man valuing his own male privilege and the perpetrator’s chosen profession, over patients’ basic human rights. Where is the protection of body rights? Or gender equality?

The public is calling on the Queensland Health Ombudsman to:

- Protect ALL Patients from Perpetrators of Sexual Violence
- Prohibit Convicted Sexual Offenders from continuing to work in Positions of Power over Vulnerable People
- Prohibit Health Practitioners accused of sexual violence from continuing to work in Positions of Power over Vulnerable People while any internal or external investigations are on-going (see The National Code of Conduct for Health Care Workers)

Anything less allows even Health Practitioners to sexually assault at least one patient, be reported, be arrested, be found guilty by the Queensland Judiciary, and then be allowed to walk out of court and carry on working in their position of power over vulnerable people.

We - the public - need you to keep Sexual Offenders out of our Health Care System. Please.

The Act is designed to facilitate the lodgement of complaints against anyone who provides a health service, regardless of whether they are a registered or unregistered health service provider. Within the Act is a new Code of Conduct (the Code), which all providers of health services must now abide by. Complaints can be made against a health service provider who has breached this Code. Financial and other penalties, including orders prohibiting a person from providing a health service, may be applied where a complaint is upheld. In addition, interim prohibition orders for up to twelve weeks (orders prohibiting a person from practising) may be applied while an investigation into a complaint is being carried out.