Hervey Bay Hospital worker Robert Smith cleared of misconduct by QIRC

A Qld hospital worker accused of assault after a patient he was wheeling into a waiting room fell from the chair has challenged the health service’s ruling with the industrial watchdog.

A Hervey Bay Hospital worker accused of misconduct after a patient he was wheeling into a waiting room fell from the chair has challenged the health service’s ruling at the state’s industrial commission.

A Hervey Bay Hospital worker accused of intentionally tipping a patient out of a wheelchair and then running his foot over has been cleared after CCTV footage raised significant doubt about the claims.

Robert Smith, an operational officer at the hospital, was accused of assault over the incident which happened in the emergency department’s waiting room about 8.30pm on June 3, 2023.

The published Queensland Industrial Relations Commission ruling says Mr Smith had wheeled the patient into the room when they grabbed a nearby chair.

Mr Smith tried to free the man’s grip by allegedly by “jolting” the chair backwards, causing the patient to fall “heavily” to the floor.

He was then accused of “intentionally” running over the patient’s foot when leaving the room, the ruling says.

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A Hervey Bay Hospital worker accused of misconduct after a patient he was wheeling into a waiting room fell from the chair has challenged the health service’s ruling at the state’s industrial commission.

In December 2023 Wide Bay Hospital and Health Service chief executive Debbie Carroll found Mr Smith guilty of misconduct on the balance of probabilities.

In May this was overturned by Commissioner Samantha Pidgeon who found CCTV footage of the incident – which had been viewed by Ms Carroll when making the finding against Mr Smith – did not support the findings.

Ms Pidgeon found the patient fell to the ground while Mr Smith was moving the wheelchair and was “not satisfied it was this action (or Mr Smith’s) alone that … resulted (in the fall)”.

In May this was overturned by Commissioner Samantha Pidgeon overturned the decision, who found CCTV footage of the incident – which had been viewed by Wide Bay Hospital and Health Service chief executive Debbie Carroll (pictured) when making the finding against Mr Smith – did not support the findings.

“The patient’s actions contributed to the fall,” Ms Pidgeon says, noting they had not only grabbed the chair but were trying to stand at the same time as Mr Smith was moving it.

Findings the patient was “tipped” out of the chair on purpose by Mr Smith, and he then “intentionally” ran over the patient’s foot, were quashed, too.

“The footage does not show the wheelchair tipping,” Ms Pidgeon says.

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The CCTV further showed the wheel of the chair “touched the patient’s foot and was then wheeled backwards away (from it)”.

Ms Pidgeon ultimately rejected Ms Carroll’s findings as not fair or reasonable given the evidence at hand.

She ordered the matter be set aside and returned to Ms Carroll’s office, saying it was now a matter for her and the health service to decide whether they wished to pursue any actions against Mr Smith for his contribution to the patient’s fall.