1. The respondent is reprimanded.
2. The respondent's registration as a nursing practitioner is cancelled.
3. The respondent is disqualified from applying for registration as a nursing practitioner for a period of 10 years.

1. On 25 July 2018 the Tribunal made findings in relation to the respondent[1]. The findings were:
   • (a) Between 27 August 2015 and 12 March 2016 by committing acts of rape and sexual assault Mr Augustine behaved in a way that constitutes professional misconduct within the meaning of the definition in paragraph (c) of the definition of professional misconduct in section 5 of the Health Practitioner Regulation National Law (Victoria) (National Law) namely conduct whether occurring in connection with the health practitioner's profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession. (Allegation 1)
   • (b) On or about 27 August 2015 by failing to make adequate clinical records in respect of his patient DM Mr Augustine behaved in a way that constitutes professional misconduct within the meaning of the definition in paragraph (c) of the definition of professional misconduct in section 5 of the National Law and which was conduct that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession (Allegation 2).
2. Mr Augustine is presently incarcerated as a result of having been convicted and sentenced to imprisonment in relation to the conduct referred to in the first finding. He was afforded the opportunity to participate in this proceeding throughout and has declined to do so. In relation to the adjournment after the hearing of 4 June 2018 and subsequent findings of 25 July 2018 the proceeding was adjourned in order to afford Mr Augustine the opportunity to appear and make submissions in relation to disposition. The orders made on 25 July 2018 made provision for Mr Augustine to appear by telephone should he wish to make submissions. No response to this was received from Mr Augustine and today the hearing has proceeded in his absence without any submissions having been made on his behalf.
3. On behalf of the applicant it was submitted that pursuant to section 196 of the National Law the appropriate determination is:
   • (a) a reprimand;
   • (b) cancellation of the respondent's registration; and
   • (c) a disqualification period of at least ten years.
4. In making submissions, counsel on behalf of the applicant made reference to the following cases:
   • (a) Nursing and Midwifery Board of Australia v Dibbs [2015] QCAT 241;
   • (b) Queensland Nursing Council and Ringelstein (James Michael) [2008] QNT 4;
   • (c) Nursing and Midwifery Board of Australia v Carroll [2011] QCAT 264; and
   • (d) Nursing and Midwifery Board of Australia v FH [2010] QCAT 675.

These cases resulted in dispositions which have assisted this Tribunal in determining the disqualification period in this matter.

1. In coming to a determination in matters such as this it is necessary for the Tribunal to consider:
   • (a) specific deterrence;
   • (b) general deterrence;
   • (c) protection of the public; and
   • (d) protection of the reputation of the profession.
2. It is considered that in order to satisfy each of the above, it is necessary for there to be a substantial disqualification period.
3. It can only be said that the conduct in relation to Allegation 1 is of the most serious type. The respondent entered a plea of guilty to three counts of rape and two counts of sexual assault involving three victims when his matter came before the Court. Reference is made to the seriousness of the conduct in the Tribunal's reasons when making findings in this matter. It is not necessary to repeat this material.
4. It is clear that the respondent has shown no evidence of insight into the conduct nor can it be said that he has gained any insight into the seriousness of the nature of the conduct. He has provided nothing to the Tribunal which allows us to find any such evidence.
5. The seriousness of the conduct is aggravated by the connection to practice in relation to the rape and sexual assault of a patient.
6. It should also be noted that the victims in relation to this conduct can be said to be vulnerable, in particular DM. She was a patient and had only undergone surgery within the previous 24 hours.
7. Allegation 2 can be seen as related to the conduct in relation to DM in that the failure to keep clinical records was an attempt to conceal the respondent's actions. The purpose and function of clinical records in the treatment of a patient is clear. In failing to keep records, not only did the respondent attempt to conceal his actions but undermined the appropriate action concerning treatment of a patient.
8. The Tribunal is satisfied that whilst the primary objective of any determination such as this is to ensure protection of the public and not to punish the respondent, there will necessarily be a punitive effect. This will be particularly obvious in relation to the need for specific deterrence. Additionally, general deterrence is significant in cases such as this in order to send a message to members of the profession that behaviour such as this cannot be tolerated. The aspect of protection of the public is an obvious one in cases such as this as is the need to protect the reputation of the profession.
9. The Tribunal is satisfied that the submission made on behalf of the applicant in relation to the disposition is appropriate. In particular, the Tribunal is satisfied that a global disposition is appropriate having regard to the fact that the finding in relation to Allegation 2 is in relation to a course of conduct arising out of part of the Allegation 1.
10. The respondent's registration has been suspended since 24th March 2016. The Tribunal is satisfied that the intervening period of suspension together with a further disqualification of 10 years is appropriate having regard to the matters referred to above. Accordingly, the respondent is reprimanded, his registration as a nursing practitioner is cancelled and he is disqualified from applying for registration as a nursing practitioner for a period of 10 years.

[1] Nursing and Midwifery Board of Australia v Augustine (Review and Regulation) [2018] VCAT 1164.