Mr Brijesh Aryal – Former Registered Nurse – Disqualified

21 May 2021

The Health Care Complaints Commission brought a complaint against former registered nurse Mr Brijesh Aryal before the NSW Civil and Administrative Tribunal (‘the Tribunal’).  At the time of his offending Mr Aryal was working as a mental health nurse at the Forensic Hospital in Malabar, and had extensive experience as a mental health nurse.

On 30 August 2019, Mr Aryal was found guilty by a jury in the District Court of NSW of two counts of aggravated sexual assault against a victim with a cognitive impairment.  In March 2018, Mr Aryal befriended the victim and, after a short period of communication with her, brought her to a local park where he had sexual intercourse with her.  The District Court judge found, at sentence, that Mr Aryal was reckless as to both the victim’s capacity to consent and her cognitive impairment, and pursued a sexual encounter with her regardless.  On 19 February 2020, Mr Aryal was sentenced to imprisonment, with a non-parole period of five years and six months, which will expire on 16 September 2023.

The Commission alleged that Mr Aryal’s conviction made him unfit in the public interest to be registered as a nurse and that he should be prohibited from working in other health fields.  Mr Aryal also failed to disclose his criminal charges to the National Board.

On 21 May 2021 the Tribunal agreed and ordered that Mr Aryal be disqualified from working as a nurse for two years from the time he is released from prison, and that he is also prohibited from working in other health services or roles connected with nursing.

The decision can be found on the NSW Caselaw website.

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


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