Director of Proceedings on behalf of the Health Ombudsman v Sandhu [2026] QCAT 217

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Director of Proceedings on behalf of the Health Ombudsman v Sandhu [2026] QCAT 217 PARTIES: DIRECTOR OF PROCEEDINGS ON BEHALF OF THE HEALTH OMBUDSMAN (applicant) v ARUNJOT SINGH SANDHU (respondent) APPLICATION NO/S: OCR203-25 MATTER TYPE: Occupational regulation matters DELIVERED ON: 30 June 2026 HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Judicial Member Reid Assisted by: Mrs L Jeffrey Prof. A Schneiders Mrs L Ward ORDERS: IT IS THE DECISION OF THE TRIBUNAL THAT: Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) in respect of allegation one the Tribunal decides the respondent has behaved in a way that constitutes professional misconduct. Pursuant to section 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld) in respect of allegation two the Tribunal decides the respondent has behaved in a way that constitutes unprofessional conduct. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld) the respondent is reprimanded. Pursuant to section 107(3)(e) of the Health Ombudsman Act 2013 (Qld) the respondent’s registration is cancelled. Pursuant to section 107(4)(aa) of the Health Ombudsman Act 2013 (Qld), the respondent is -- 1 of 4 -- 2 restricted from applying to the Tribunal for a reinstatement order for a period of eight years. Pursuant to section 107(4)(b)(i) of the Health Ombudsman Act 2013 (Qld) the respondent is prohibited from providing any health services until such time as he obtains registration as a health practitioner. Pursuant to section 62(2)(a) of the Health Ombudsman Act 2013 (Qld) the immediate registration action by the Health Ombudsman dated 16 June 2023 is set aside. CATCHWORDS: PROFESSIONS AND TRADES – HEALTH CARE PROFESSIONALS – PHYSIOTHERAPISTS – where respondent a registered physiotherapist – where respondent convicted of conduct in respect of multiple female patients – where respondent pleaded not guilty and was charged – where respondent awaiting deportation to India – appropriate sanction for Tribunal to order Health Ombudsman Act 2013 (Qld), s 62(2), s 107(2)(b)(ii), s 107(2)(b)(iii), s 107(3)(a), s 107(3)(e), s 107(4)(aa), s 107(4)(e), s 107(4)(b)(i) APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) REASONS FOR DECISION [1] The respondent is an Indian citizen and was at relevant times in Australia under a temporary graduate visa. He first obtained registration in Australia as a physiotherapist on 11 March 2021 working under limited registration in a number of Queensland provincial cities and then in a Brisbane suburban practice until his arrest and subsequent conviction for conduct arising from his treatment of a number of female patients. [2] The respondent was sentenced on 12 June 2025 to imprisonment for 20 months, suspended after 10 months with an operational period of two years. He was thus released on 11 April 2026. The Australian Border Force then placed him in detention awaiting deportation to India. [3] There can be no doubt the respondent's behaviour constitutes professional misconduct under both subsections (a) and (c) of the definition of professional misconduct in the Health Practitioner Regulation National Law (Queensland). I also accept his failure to notify the Board that he had been charged constitutes unprofessional conduct. [4] The conduct was serious and involved three separate patients. It had a deleterious effect upon all three of the patients. The respondent lacks insight and remorse having pleaded not guilty to all charges and thus subjecting the complainants to cross- examination at his trial. He has not filed any apology in the Tribunal. The nature of -- 2 of 4 -- 3 the offending causes me to have real concerns about future risk due, I conclude, to the respondent’s lack of respect for women. Issues of general deterrence are important. [5] Consideration of the relevant cases outlined in the applicant’s submissions reveals in my view, a surprising level of apparent inconsistency in the periods of disqualification. Obviously each case is determined having regard to its individual facts but there appears to be a level of variation in the periods of disqualification which is surprising. To some extent that reflects the effect of immediate action which is sometimes applied. [6] In this case the respondent’s registration was suspended on 16 June 2023 but in any case, he was incarcerated from June 2025 so would not thereafter have been able to work, even if not suspended. He has however been precluded from practice from June 23 to June 25, as a result of the immediate action. [7] The respondent’s misconduct towards two of the complainants involved his touching the area near the patient’s breasts. In regard to one of them he placed his hand inside the patient’s bra, cupping her breasts and groping her breast and nipple. [8] The more serious offending involved a patient whose treatment involved an injury to her knee. The respondent massaged her leg including her inner thigh, reaching the edge of her underwear on the inside thigh, and then inside of her underwear brushing the outside of what she described as a ‘vaginal flap’. [9] Another feature of the case is that the respondent will clearly be deported and I imagine will never again be able to practise physiotherapy in Australia. [10] In my view in circumstances where the respondent will not again practice physiotherapy in Australia it is appropriate to order that his registration be cancelled and that he be precluded from reapplying for registration for a period of three years. [11] The orders of the Tribunal are therefore: 1. Pursuant to section 107(2)(b)(iii) of the Health Ombudsman Act 2013 (Qld) in respect of allegation one the Tribunal decides the respondent has behaved in a way that constitutes professional misconduct. 2. Pursuant to section 107(2)(b)(ii) of the Health Ombudsman Act 2013 (Qld) in respect of allegation two the Tribunal decides the respondent has behaved in a way that constitutes unprofessional conduct. 3. Pursuant to section 107(3)(a) of the Health Ombudsman Act 2013 (Qld) the respondent is reprimanded. 4. Pursuant to section 107(3)(e) of the Health Ombudsman Act 2013 (Qld) the respondent’s registration is cancelled. 5. Pursuant to section 107(4)(aa) of the Health Ombudsman Act 2013 (Qld), the respondent is restricted from applying to the Tribunal for a reinstatement order for a period of eight years. 6. Pursuant to section 107(4)(b)(i) of the Health Ombudsman Act 2013 (Qld) the respondent is prohibited from providing any health services until such time as he obtains registration as a health practitioner. -- 3 of 4 -- 4 7. Pursuant to section 62(2)(a) of the Health Ombudsman Act 2013 (Qld) the immediate registration action by the Health Ombudsman dated 16 June 2023 is set aside. -- 4 of 4 --