Public Statement - Ms Tovale Kalati – Assistant in Nursing – Permanent Prohibition Order

24 March 2021

The NSW Health Care Complaints Commission (Commission) investigated the conduct of Ms Tovale Kalati, an unregistered health practitioner who provided services as a care service employee / assistant in nursing (AIN) at  Presbyterian Aged Care (PAC) in Ashfield.

The Commission has determined that Ms Kalati has breached Clause 3(1) of the Code of Conduct for unregistered health practitioner set out in schedule 3 of the Public Health Regulation 2012, in that she failed to provide care in a safe and ethical manner to seven residents under her care.

On 7 September 2020 Ms Kalati pleaded guilty to seven charges of common assault at Burwood Local Court in relation to her assault of the seven residents between February 2019 and October 2019. On 9 October 2020 Ms Kalati was convicted and sentenced to an intensive correction order for seven months, due to expire on 18 May 2021.

The Commission’s investigation found that Ms Kalati’s conduct was deliberate and involved acts of violence and/or humiliation towards vulnerable residents under her care, many who were defenceless and unable to effectively communicate with staff as a result of their medical conditions.

In her role as a care service employee, Ms Kalati was afforded significant trust by family members and the wider community to provide a safe environment and deliver appropriate health care to the residents. By her repeated, gratuitous assaults on residents, Ms Kalati took advantage of this trust and demonstrated a deliberate disregard for the health and wellbeing of the residents.

Notwithstanding that Ms Kalati submits she is regretful and remorseful for her actions, the Commission’s fundamental consideration is protection of the public health and safety.

Given the circumstances of the breach of the Code of Conduct, the Commission is satisfied that Ms Kalati poses a risk to the health and safety of members of the public.

The Commission, therefore, makes the following prohibition order:

Ms Tovale Kalati is permanently prohibited from providing any health services in any capacity, either paid or voluntary. 

For the purposes of this order, health services is given the meaning as defined under section 4 of the Health Care Complaints Act 1993.

Further Information

Access the Commission’s Statement of Decision here. 

Access to the Commission's media release here.

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