Public Statement in relation to Mr David Convery

19 May 2020

The NSW Health Care Complaints Commission conducted an investigation into the conduct of unregistered health practitioner, Mr David Convery and finds that Mr Convery has breached clauses of 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,

Mr Convery was working as an Assistant in Nursing (AIN) at Mr Convery was working as an Assistant in Nursing (AIN) at Mercy Services, Singleton, NSW. As an AIN at the facility, Mr Convery was responsible for all aspects of personal care for frail and elderly residents including showering, dressing, oral care, fitting and changing continence aids, assisting with mobility and feeding.

The Commission’s investigation:

  • Examined the aged care facility’s independent investigation into the conduct of Mr Convery, which made findings substantiating allegations of abuse of four patients together with alleged sexual harassment towards colleagues.  The conduct substantiated as a result of the investigation amounted to the numerous breaches of the age care facility’s own Code of Conduct. 
  • Noted that Mr Convery was charged and convicted of two common assault offences against a patient at the facility.  

Given the circumstances of the breaches of the Code of Conduct for Unregistered Health Practitioner – Public Health Regulation 2012, the Commission is satisfied that Mr Convery poses a risk to the health and safety of the public.

In his role as an Assistant in Nursing, Mr Convery must provide nursing services in a safe and ethical manner.

The Commission therefore makes the following prohibition order:

Mr David Convery, an Assistant in Nursing from Singleton NSW, is permanently prohibited from providing any health services, as defined in s4 of the Health Care Complaints Act, either in paid employment or voluntary to any person.

The Commission will make the finalized Statement of Decision publicly available under section 41B(3)(c) of the Act.

The Commission has removed from this Statement of Decision material which it considers to be confidential information pursuant to section 41B(5) of the Act.

 

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