Mr Daniel Mooney - permanently prohibited from providing any health services
14 Apr 2014
The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of Mr Daniel Mooney, a health care provider at a nursing home employed to provide patient care to elderly and/or disabled residents.
Mr Mooney admitted to and was convicted of two counts of aggravated sexual assault on a resident of the nursing home where he was employed. This resident had Alzheimer’s disease and had previously suffered a stroke which has left her requiring 24 hour care. The resident cannot speak or communicate verbally and has very limited movement.
The Commission found that:
- Mr Mooney breached Clause 3(1) of the code of conduct for unregistered health practitioners, made under the Public Health Act 2010 which provides that, ‘A health practitioner must provide health services in a safe and ethical manner.’
- Mr Mooney’s conduct poses a risk to the health or safety of members of the public.
On 8 April 2014, the Commission has made a prohibition order and issued the following public statement:
Public Statement
Mr Mooney commenced work as an Assistant in Nursing in 1997. Between 2004 and November 2012, Mr Mooney was employed as a carer at an aged care facility in the Wollongong region. Included in his duties was the care and treatment of patient A, an elderly high care resident with Alzheimer’s disease who had previously suffered a stroke which had left her requiring 24 hour care. Patient A cannot speak or communicate verbally and has very limited movement.
Following a NSW Police Force investigation, Mr Mooney was convicted under the NSW Crimes Act of two counts of aggravated sexual assault of Patient A for which he received a custodial prison sentence. Mr Mooney will not be eligible for release until 2020 at the earliest.
A Commission investigation found that Mr Mooney breached Clause 3(1) of the Code of Conduct for Unregistered Health Practitioners, which states that ‘Health practitioners must provide health services in a safe and ethical manner’.
The possibility that Mr Mooney may engage in similar conduct on his release from prison poses a risk to the health or safety of members of the public, and the Commission has made an order that Mr Mooney is permanently prohibited from providing any health services in any capacity, either paid or voluntary under s41A(2)(a) of the Health Care Complaints Act 1993”.
The Commission has determined to make its Statement of Decision publicly available.
The Commission’s public statement is available here.
Further Information
For further information, contact the Health Care Complaints Commission on 9219 7444 or send an email to media@hccc.nsw.gov.au.
The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information, contact the Commission.