On Friday, 9 June, 2023, the New South Wales (NSW) Civil and Administrative Tribunal (NCAT) published its decision to suspend the registration of a nurse practitioner who was the subject of a criminal finding in 2020, for a period of three months.
In May 2021, Krishna Bahadur Chauwan successfully appealed the severity of his sentence for the offence of “sexually touching another person without consent”.
Mr Chauwan, who arrived in Australia in 2008 as a Bhutani humanitarian refugee, was charged with the offence on 16 March, 2020.
He was working at Albury Wodonga Health in Wagga Wagga NSW at the time and resigned from his position shortly after being charged.
According to NCAT, the offence had not taken place at the workplace, and was not related to his work as a nurse.
On 9 April, 2020, he notified the Australian Health Practitioner Regulation Agency (AHPRA) about the criminal charges he was facing. This was outside the seven-day period he was required to give notice within.
In December 2020, he was convicted and sentenced to a Community Correction Order (CCO) for a term of 12 months.
The CCO was set aside after his successful severity appeal, and he was re-sentenced to a Conditional Release Order (CRO) for a period of three months commencing 7 May, 2021.
Mr Chauwan’s nursing registration was first suspended on 8 February, 2021.
After his appeal, he was allowed to return to employment from 16 July, 2021, and had been working for Estia Health Albury since 20 September, 2021.
On 15 July, 2022, the Nursing and Midwifery Council of NSW imposed conditions under which he had to work under remote supervision, with an approved supervisor providing monthly written reports to the council.
In a letter submitted to NCAT, Estia Health Albury Executive Director, Kelly Hayes, said Mr Chauwan worked under the conditions without complaint of any kind about his personal behaviour or competence as a registered nurse.
“During this time [since 20 September, 2021], Krishna has shown no issues regarding his behaviour or in relation to his performance in the role. He has demonstrated strong professional and inter-personal skills,” Ms Hayes mentioned in a letter to NCAT dated 10 October, 2022.
As his manager, I am confident in stating that he has demonstrated to be a safe and competent Registered Nurse and has been a valued team member at Estia Health Albury.Kelly Hayes, Estia Health
Mr Chauwan’s current nursing registration suspension took place on 9 June, 2023, under the Health Practitioner Regulation National Law (NSW), following proceedings by the Health Care Complaints Commission (HCCC).
While HCCC submitted to the tribunal that there was “no evidence of his [Mr Chauwan’s] fitness to practice”, NCAT did not agree with this and found that he was unlikely to re-offend.
Estia Health says they are aware of Mr Chauwan’s suspension.
We are aware of the nursing registration suspension for Mr Krishna Chauwan and can confirm that he is not currently working at our home in Albury.Estia Health spokespoerson
The decision also requires that Mr Chauwan pay the costs of the HCCC.
Mr Chauwan was also cautioned for a breach of s 130 (1) of the National Law, which requires a health practitioner to give a written notice to the related profession’s National Board within seven days after becoming aware that a relevant event has occurred.
Although Mr Chauwan indicated that language barrier was to blame for his sentencing, he declined to elaborate further due to the ongoing nature of the case.
If you or someone you know is impacted by themes discussed in this story, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
