Tribunal orders cancellation of a nurse’s registration after he was convicted of indecent assault
20 Oct 2023
Content warning: Some readers may find this article distressing. If you are experiencing distress, please visit the NM Support website or contact Lifeline on 13 11 14 for help.
On 6 July 2021, Mr Nhlanla Ncube indecently assaulted a colleague during a shift at the aged care facility where they were both working. Mr Ncube made several unwanted advances throughout their shift including an attempt to kiss, and forceful and inappropriate touching. Mr Ncube ignored his colleagues’ request for him to stop.
Mr Ncube was arrested 10 July 2021 and charged with three counts of indecently assaulting his colleague. On 20 September 2021, Mr Ncube entered a plea of guilty, was convicted at the Magistrates Court of Western Australia and ordered to pay a fine and costs. A simultaneous order was made for the conviction to be spent. Mr Ncube failed to notify the Nursing and Midwifery Board of Australia (NMBA) of the charges as required by section 130 of the National Law. The matter was investigated and at the completion of the investigation, the NMBA referred the matter to the State Administrative Tribunal (the tribunal).
The tribunal found that Mr Ncube had behaved in a way that constitutes professional misconduct and ordered that he:
- be reprimanded,
- have his registration cancelled,
- is disqualified from applying for registration as a registered health practitioner for a period of 15 months,
- is prohibited from providing any health services, either paid or on a voluntary basis, until he is registered as a health practitioner under the National Law, and
- pay the Board’s costs.
