Mr Prakash Paudyal – Breach of Code of Conduct – Permanent Prohibition Order

24 June 2019

The NSW Health Care Complaints Commission investigated a complaint about the conduct of unregistered health practitioner, Mr Prakash Paudyal. The investigation arose from being charged by NSW Police for two counts of common assault under section 61 of the Crimes Act 1900 on 6 September 2018 and subsequent criminal conviction at Manly Local Court on 23 January 2019.

Mr Paudyal was working as an Assistant in Nursing at Bupa Aged Care Seaforth and was responsible for providing care and treatment to a number of elderly, vulnerable patients.

The investigation found that between 26 August and 3 September 2018, Mr Paudyal physically assaulted a vulnerable dementia patient, who was unable to effectively communicate with staff as a result of his medical condition.  Mr Paudyal was afforded significant trust by family members of the patient and the wider community and took advantage of this trust.  The Commission’s investigation concluded that the conduct of Mr Paudyal was intentional and demonstrated a blatant disregard for the health and wellbeing of the patient. 

The investigation determined that Mr Paudyal breached the Code of Conduct for Unregistered Health Practitioners in respect of:

    • Clause 3(1): a health practitioner must provide health services in a safe and ethical manner

The Commission was satisfied that Mr Paudyal poses a risk to the health or safety of members of the public.  The Commission therefore made 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.

The Commission has determined to make its Statement of Decision publicly available under section 41B(3)(c) of the Health Care Complaints Act 1993 but has removed material which it considers to be confidential information. 

The full Public Statement of Decision can be read here.

Further Information

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.