Public Statement in relation to Ms Hyunh Kim Duyen Nguyen

21 June 2013

Under section 41A(2) of the Health Care Complaints Act 1993 (the Act), the Commission has made a prohibition order and decided to issue the following public statement:

The Health Care Complaints Commission conducted an investigation into the professional conduct of Assistant in Nursing, Ms Huynh Kim Duyen Nguyen. The investigation found that Ms Nguyen breached the Code of Conduct for Unregistered Health Practitioners – Public Health Act 2010, section 100, clause 3(1) by failing to provide a health service in a safe and ethical manner during her care and treatment of Patient A at a Sydney Aged Care Facility. Specifically, the investigation established that, in the course of changing Patient A’s sheets and pants, Ms Nguyen hit Patient A in the face with a closed fist twice.

On 6 December 2012, at Bankstown Local Court, Ms Nguyen pleaded guilty and was convicted of common assault and sentenced to a term of imprisonment of three months which was suspended on entering a good behaviour bond.

Under section 41A(2)(a) of the Act, Ms Nguyen is prohibited from working as an Assistant in Nursing, either paid or voluntary, for three years.

The Commission also makes its Statement of Decision publicly available under section 41B(3)(c) of the Health Care Complaints Act 1993.

Read the Commission’s Statement of Decision

Read the related media release 

Further Information

For further information, contact the Health Care Complaints Commission, on 9219 7444 or send an email to

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