Third Oakden nurse banned for three years

29 Jul 2024

The South Australian Civil and Administrative Tribunal (the tribunal) found Mr Arthur Moutakis failed to manage complaints and adequately perform his roles and responsibilities as a member of the Oakden clinical governance committee to the standard reasonably expected of a Registered Nurse.

Mr Moutakis held the roles of Consumer Adviser and Consumer Liaison Officer at Oakden, a South Australian specialist service for older residents with severe mental illness including those suffering from dementia, between 2007 and 2017. Mr Moutakis’ responsibilities included managing consumer feedback and investigating any complaints relating to Oakden.

In 2022, the Nursing and Midwifery Board of Australia (NMBA) referred Mr Moutakis to the tribunal following an investigation into his conduct. The tribunal supported the NMBA’s finding that Mr Moutakis:

• failed to manage complaints, specifically in relation to three complaints, to the standard reasonably expected of a Registered Nurse.
• failed to adequately perform clinical governance responsibilities as a member of the Governance Committee to the standard reasonably expected of a Registered Nurse.

After receiving a notification, on 20 April 2018, the Board decided to take immediate action to impose conditions on Mr Moutakis’ registration because it formed the reasonable belief that he posed a serious risk to persons, and it was necessary to take immediate action to protect public health or safety.

In deciding a sanction for his misconduct, the tribunal took into account that it was Mr Moutakis’ responsibility to act in a timely manner and properly investigate the complaints of the family members of consumers and staff concerning the appalling nursing practices, conduct and standard of care at Oakden.

The tribunal rejected a submission that the behaviour in question represented an isolated incident given the misconduct occurred over a sustained period of time.

The tribunal found that Mr Moutakis had engaged in professional misconduct and ordered that he:

• be reprimanded,
• have his registration cancelled,
• be disqualified from applying for registration for a period of three years, and
• be prohibited from providing any health service until such time as he is granted registration as a health practitioner under the National Law.

In February 2018, the Independent Commissioner Against Corruption’s report Oakden: A Shameful Chapter in South Australia’s History, found residents suffered neglect due to a shortage of staff to the point the facility was ‘medically unsafe, as well as reports of patients being assaulted.

Subsequent Australian Health Practitioner Regulation Agency (Ahpra) investigations saw multiple staff referred to tribunals, including former manager Julie Harrison who was disqualified from nursing for a decade in December 2023. In January this year, former Oakden nursing manager Kerim Frederick Skelton was also banned from applying for registration for 12 years.

NMBA Chair, Adjunct Professor Veronica Casey AM, welcomed the latest tribunal finding and hoped it may bring some closure to the events uncovered at Oakden.

‘These vulnerable residents put their trust in nurses, managers and facilities to care for them when they need it most and it’s important that this trust is upheld,’ Adj Prof Casey said.

‘These investigations uncovered practices that fall a long way short of community expectations and the need for health practitioners to discharge their professional responsibilities, including in relation to clinical governance, even in failing health services.’

Ahpra CEO, Martin Fletcher said the tribunal outcomes underline the importance of the work of the NMBA and Ahpra for public protection.

‘The residents at Oakden did not receive the level of care that they were entitled to expect,’ Mr Fletcher said.

‘It is imperative that we learn from these events to improve patient safety and ensure that this can never happen again.’

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