In the case of Director of Proceedings on behalf of the Health Ombudsman v XD [2024] QCA 215, the Queensland Court of Appeal dealt with an appeal involving serious allegations against a dermatologist, referred to as XD, accused of professional misconduct. The case arose from multiple complaints spanning from 1986 to 2013, alleging improper conduct, including sexual misconduct, towards young male patients. Initially, the Queensland Civil and Administrative Tribunal ordered a permanent stay on the proceedings due to the potential for an unfair trial arising from the significant time lapse since the alleged incidents, the absence of medical records, and unavailability of some complainants for cross-examination. However, the Director of Proceedings appealed this decision, contending the stay was wrongly granted as it hindered the protective function of disciplinary proceedings. Upon review, the Court of Appeal allowed the appeal for certain allegations, finding sufficient grounds to proceed with some aspects of the case, while confirming the permanent stay for others where the fairness of a trial could not be ensured due to unresolvable evidentiary issues.
Full text: https://www.sclqld.org.au/caselaw/150347