Public Statement - Ms Robin Burgun - Assistant in Nursing - Permanent prohibition order
15 September 2021
The NSW Health Care Complaints Commission investigated the conduct of Ms Robin Joy Burgun. Ms Burgun was employed as an Assistant in Nursing (AIN) at the Residential Aged Care Facility at Junee Hospital (the Facility).
In her capacity as an AIN, Ms Burgun is considered to be an unregistered health practitioner and subject to the Code of Conduct for unregistered health practitioners (Code of Conduct) set out in schedule 3 of the Public Health Regulation 2012.
As an AIN, Ms Burgun was employed to attend to the personal care needs of aged care residents at the Facility under limited or indirect supervision. Ms Burgun had access to patients’ rooms, including the rooms of Patient A. Patient A was a permanent resident within the facility under constant 24 hour Palliative care where he is bed bound.
In relation to Patient A, Ms Burgun admitted that at around 3:00pm on 22 February 2021, she removed Patient A’s key card from the top draw of his bedside table before attending the local IGA and used it, without permission, to make two transactions totaling $117.85 for her own benefit.
This conduct occurred while Ms Burgun provided care to Resident A at the Facility.
On 3 March 2021 Ms Burgun was charged with one count of Dishonestly obtain financial advantage or cause disadvantage by deception under s192E(1)(b) Crimes Act 1900.
Ms Burgun pled guilty and, on 7 May 2021 Ms Burgun was convicted of the offences and sentenced to a Community Correction Order for a period 12 months to commence on 7 May 2021 and expiring on 6 May 2022. Ms Burgun was ordered to pay compensation of $117.85 payable to Patient A.
The Commission’s investigation found that in providing services as an AIN to elderly residents, Ms Burgun was afforded significant trust by the residents of the Facility and their families to provide a safe environment and deliver appropriate health to residents who were particularly vulnerable.
Ms Burgun deliberately took advantage of her professional position and capacity to access the personal effects of the patient’s entrusted into her care for her own financial gain.
Ms Burgun has failed to co-operate with the Commission’s investigation or to express any insight into the seriousness of her breach of trust.
The Commission considers that based on Ms Burgun’s conviction and conduct, she has breached clause 3(1) of the Code of Conduct, in that she failed to provide health services in a safe and ethical manner. The Commission also considers that Ms Burgun poses a significant risk to the health and safety of members of the public.
Accordingly, the Commission makes the following prohibition order under section 41A(2)(a) of the Health Care Complaints Act 1993 (the Act):
Ms Robin Burgun, an Assistant in Nursing, is permanently prohibited from providing, or causing to be provided, any health services, either in paid employment or voluntarily, to any member of the public.
For the purposes of this order, a health services carries the same meaning as defined under section 4 of the Act.
Access the Commission’s Statement of Decision here.
Access to the Commission's media release 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
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