Mrs Dana Gray – Breach of Code of Conduct – Permanent prohibition order
15 Nov 2019
The NSW Health Care Complaints Commission investigated a complaint about the conduct of unregistered health practitioner, Mrs Dana Gray, an assistant in nursing (AIN) at an aged care facility in Sydney.
The complaint arose from an incident in August 2017 where a video recording captured Mrs Gray assaulting an elderly resident (Patient A) of the facility, who suffered from dementia. Mrs Gray was charged with common assault (domestic violence) contrary to section 61 of the Crimes Act 1900. Mrs Gray subsequently pleaded guilty to the charge and was convicted of the offence.
The Commission’s investigation found that on the basis of review of the criminal matter, Mrs Gray provided a health service in an unsafe and unethical manner, in that she assaulted a vulnerable dementia patient who was entirely defenceless and was unable to effectively communicate with staff as a result of her medical condition.
The Commission concluded that the conduct of Mrs Gray was a prolonged, gratuitous assault on Patient A. Mrs Gray was afforded significant trust by family members of Patient A and the wider community to provide a safe environment and deliver appropriate health care. Mrs Gray took advantage of this trust and demonstrated a blatant disregard for the health and wellbeing of Patient A. The investigation determined that Mrs Gray breached the Code of Conduct for Unregistered Health Practitioners under Schedule 3 of the Public Health Regulation 2012 in respect of:
- Clause 3(1): A health practitioner must provide health services in a safe and ethical manner.
The Commission is satisfied that Mrs Gray poses a risk to the health or safety of members of the public. The Commission therefore makes the following prohibition order:
- Mrs Dana Maree Gray is permanently prohibited from providing any health services in any capacity, either paid or voluntary.
For the purposes of this order ‘a health service’ carries the same meaning as defined under section 4 of the Health Care Complaints Act 1993 (Act).
The Commission has determined to make its Statement of Decision publicly available under section 41B(3)(c) of the Act and has removed from this Statement of Decision material which it considers to be confidential information pursuant to section 41B(5) of the Act.
The full decision is available here.
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to firstname.lastname@example.org.
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.