Former nursing assistant convicted of assault, permanently banned from providing health services

Asmita Pandey, a former nursing assistant, has been permanently banned from providing health services after her conviction for assaults on aged care residents.

A representative picture of Estia Health aged care facility.

A representative picture of an Estia Health aged care facility. Source: AAP / DANIEL POCKETT

Issuing a public statement on 12 May, the Health Care Complaints Commission (the Commission) issued a permanent prohibition order on Asmita Pandey under section 41A(2)(a) of the Health Care Complaints Act 1993.

The Commission said Pandey “is permanently prohibited from providing any health services, in either paid employment or voluntarily, to any member of the public”.

Earlier this year, in January, Pandey pleaded guilty to charges of assaulting four residents at Estia Health in Epping, NSW.

On 17 March, the Parramatta Local Court made orders imposing an eight-month Intensive Correction Order to be served in the community under which she was to perform 30 hours of community service work.

A two-year Apprehended Domestic Violence Order (ADVO) was also issued, prohibiting her from approaching or contacting any of the three victims in any way unless the contact was through a lawyer.
PARRAMATTA LOCAL COURT STOCK
Parramatta Local Court in Parramatta, Sydney. Source: AAP / Miklos Bolza
The Commission’s statement read: “Mrs Pandey poses a high risk to public health and safety based on the seriousness of the conduct, the repetitious nature of the conduct, the serious breach of trust displayed by Mrs Pandey, the vulnerability of the victims, and the psychological and physical harm her conduct caused.”

On 26 March, 2022, police were contacted about the assault of two residents, aged 92 and 87.

According to the police, the 87-year-old woman had received facial injuries during the alleged incident.

An investigation revealed that two other residents – both 95-year-old women – were allegedly slapped by the healthcare worker earlier last year.
Following the events, Estia Health CEO, Sean Bilton, apologised for the incidents through a media statement.

“As soon as we became aware of the allegations, we informed the police and the Aged Care Quality and Safety Commission and met with the families of those residents involved,” he said.

“We immediately stood down the employee and then terminated their employment contract.”

According to the Commission, Mrs Pandey lied or mislead Estia Health during their internal investigation by providing a signed statement denying the allegations and stating she would never assault or mistreat any residents. 

“Mrs Pandey’s conduct was also in breach of Estia Health’s Code of Conduct and relevant policies and Aged Care Quality Standards,” the Commission's statement read.

Pandey was under an Interim Prohibition Order (IPO) from the Health Care Complaints Commission effective for a period of eight weeks from 9 February 2023.

Under the Health Care Complaints Act 1993, this IPO prevented her from providing any paid or voluntary health services to any member of the public.

The Commission had previously made two, eight-week IPOs against her commencing on 9 June, 2022, and 19 December, 2022.

Pandey was arrested on 30 March, 2022, from a residence in Homebush.

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Former nursing assistant convicted of assault, permanently banned from providing health services | SBS Nepali