Public Statement in relation to Ms Elma Timbreza

03 Dec 2012

Under section 41A(2) of the Health Care Complaints Act 1993, the Commission makes the following public statement:

The Health Care Complaints Commission has conducted an investigation into the professional conduct of unregistered health practitioner, Ms Elma Timbreza, an Assistant in Nursing who was employed at an Aged Care Facility in Sydney. The investigation found that Ms Timbreza breached clauses 3(1) and 6 of the Code of Conduct for Unregistered Health Practitioners by:

  • Penetrated patient A’s anus with a hose on a number of occasions.
  • Administered water under high pressure into patient A’s rectum.
  • Directed water from a shower nozzle onto patient A’s anus.
  • Assaulted patient A by hitting him on the head and scrotum.
  • Assaulted patient A when she used excessive force to bend patient A’s left leg contrary to medical orders. 
  • Used excessive force when drying patient A’s anus and genitals.
  • Conducted a ‘skin penetration procedure’ within the meaning of the Public Health Act 1991 (NSW) when she administered unsterile water into patient A’s rectum.  This conduct breached the Ministry of Health infection control procedures.

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 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

Adobe Acrobat Reader is required to view PDF files (links shown with the pdf file download icon). This is a free program available from the Adobe web site. Follow the download directions on the Adobe web site to get your copy of Adobe Acrobat Reader.

Get Adobe Acrobat

Still need more information

If you would like to speak to someone at the Commission for more information before you lodge a written complaint you can contact the Inquiry Line during business hours, Monday to Friday from 9am – 5pm on 1800 043 159 or submit an online inquiry.

Online inquiry

Ready to lodge your complaint

All complaints must be made in writing and we aim to assess complaints within 60 days. Your complaint will be allocated to an assessment officer and we will write to you to explain the outcome of your complaint.

Click here to make a complaint

Track my complaint

You can track the progress of your complaint online.

Click here to track your complaint