Public Statement and Statement of Decision in relation to Mr Prakash Paudyal
24 June 2019
The NSW Health Care Complaints Commission conducted an investigation into the conduct of unregistered health practitioner, Mr Prakash Paudyal and finds that Mr Paudyal has breached clause 3(1) of the Code of Conduct for Unregistered Practitioners – Public Health Regulation 2012, in that he failed to provide care in a safe and ethical manner when:
Mr Paudyal was employed as an Assistant in Nursing at Bupa Aged Care, Seaforth.
The daughter of 82 year old, Patient A became concerned after viewing unexplained bruising on her father, and as a result, installed a concealed security camera in his bedroom, facing Patient A’s bed. The concealed camera captured Mr Paudyal physically assaulting Patient A on two occasions; in addition to assaulting him with a shoe. Patient A’s daughter notified NSW Police.
On 5 September 2018, Mr Paudyal was arrested and questioned by Police relating to allegations he had physically assaulted an elderly patient who suffered from dementia, while employed at Bupa Aged Care, Seaforth. Mr Paudyal participated in an electronically recorded interview with Police, during which, he was presented with the security camera footage by Police. Mr Paudyal identified himself in the video.
On 6 September 2018, Mr Paudyal was charged with two counts of ‘Common assault’ under section 61 of the Crimes Act 1900.
Police investigations found that Mr Paudyal did physically assault Patient A on two occasions between 12:01am on 26/08/2018 and 11:59pm on 03/09/2018 at Bupa Seaforth.
On 18 December 2018, Mr Paudyal appeared before Manly Local Court and entered a plea of guilty on two counts of common assault against Patient A.
On 23 January 2019, Mr Paudyal appeared before Manly Local Court and was convicted of two counts of common assault against Patient A. Following proceedings, Mr Paudyal’s legal representative lodged an application to appeal the sentence based on the severity. The matter was set down for appeal hearing before Downing Centre District Court on 21 February 2019.
On 21 February 2019, Mr Paudyal appeared before the Downing Centre District Court and his sentence appeal was upheld, with the order varied to a term of seven months imprisonment, to be served by way of an Intensive Correction Order.
Given the circumstances of the breaches, the Commission is satisfied that Mr Paudyal poses a risk to the health or safety of members of the public. In his role as an AIN, Mr Paudyal was responsible for the care and treatment of a number of elderly and extremely vulnerable patients. Mr Paudyal was afforded significant trust by family members of Patient A and the wider community. Mr Paudyal took advantage of this trust afforded to him and assaulted a vulnerable dementia patient, who was unable to effectively communicate with staff as a result of his medical condition. The conduct of Mr Paudyal was intentional and demonstrated a blatant disregard for the health and wellbeing of Patient A.
The Commission will make the finalised Statement of Decision publicly available under section 41B(3)(c) of the Act.
The Commission is satisfied that Mr Paudyal has breached the Code of Conduct, poses a risk to the health or safety of members of the public, and therefore makes the following prohibition order:
- Mr Paudyal is permanently prohibited from providing any health service in any capacity, either paid or voluntary. For the purpose of this order, ‘health service’ is given the meaning as defined under section 4 of the Health Care Complaints Act 1993.
For the purpose of this order, ‘health service’ is given the meaning as defined under section 4 of the Health Care Complaints Act 1993.
Access the Commission’s Statement of Decision here
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444.
The information is correct at the time of publication.