Mr Russell Harvey – Professional misconduct cancellation of registration

11 Jan 2018

The Health Care Complaints Commission prosecuted a complaint against Mr Russell Harvey, a registered nurse, before the NSW Civil and Administrative Tribunal (‘the Tribunal’). The complaint alleged unsatisfactory professional conduct and professional misconduct in relation to two matters:

  • that on 31 October 2014, Mr Harvey engaged in inappropriate behaviour of a sexual and/or harassing nature towards Patient A by making a number of inappropriate comments to her and engaging in inappropriate behaviour such as ‘wolf whistling’ and poking his tongue out at Patient A and tickling her.
  • that Mr Harvey breached a condition that was placed on his registration to not work with children by acting as a nurse assisting during a circumcision on Patient B, an 11 year old male.

Decision  

On 6 December 2017, the Tribunal found Mr Harvey guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal found that Mr Harvey’s language and conduct contained sexual innuendo directed towards, and in the vicinity of, a seven year old girl and that this “brings the profession into disrepute and has no place in practice”. The Tribunal also found that Mr Harvey had breached his conditions, and stated that “it is essential to the smooth operation of the system of regulation and discipline that practitioners comply with conditions placed on their registration” .

The Tribunal ordered that Mr Harvey’s registration as a nurse be cancelled and that he not be able to re-apply for a period of 12 months. The Tribunal also ordered that Mr Harvey is prohibited from providing all health services unless and until he is re-registered.

Further Information

The full decision is available at NSW Caselaw

For further information, contact the Executive Officer of 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 regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.