Nurse reprimanded by tribunal following his assault conviction

26 Sep 2022

A tribunal has reprimanded a registered nurse for engaging in professional misconduct after he was found guilty of common assault.

Trigger 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 28 July 2022, Mr Diljo Augustin was found guilty of common assault for striking his wife in the shoulder with a closed fist while she was holding their 4-month old child in a feeding position. He was sentenced to a 12-month good behaviour bond and ordered not to assault, harass, threaten or intimidate his wife or child.

Mr Augustin self-reported the incident to the Nursing and Midwifery Board of Australia (NMBA) and his employer shortly after his conviction. The NMBA referred Mr Augustin to the Australian Capital Territory Civil and Administrative Tribunal (the tribunal) where Mr Augustin made admissions of guilt at the first opportunity and showed genuine remorse and insight into his behaviour.

The tribunal found that Mr Augustin had engaged in a way that constituted professional misconduct and ordered that Mr Augustin be reprimanded.

While the Tribunal found that a reprimand only was appropriate, it specifically warned “this should not be misunderstood as condoning or diminishing Mr Augustin’s conduct or that in some way domestic or family violence should be dealt with lightly in a professional disciplinary context. It was Mr Augustin’s attitude towards his conduct and engagement in this disciplinary process which favoured a reprimand in this case”.

The tribunal’s decision was published on 21 June 2022 and is available on the Austlii website.