1. Pursuant to s 146(4)(b) of the Victorian Civil and Administrative Tribunal Act 1998, no person other than a party to the proceeding or their legal representatives may inspect the Tribunal file.
2. The respondent is found guilty of two charges of professional misconduct and two charges of unprofessional conduct.
3. The respondent's registration as a Registered Nurse (Division 1) is cancelled.
4. The respondent is disqualified from applying for registration for a period of three years.

1. Mr Dung Nguyen is a Registered Nurse (Division 1), who was first registered on 2 January 2004 and whose registration is currently suspended.

1. On 22 May 2013, the applicant received a notification by Ms Louise Bawden, Director of Nursing, Forensicare, regarding the conduct of the respondent, Mr Nguyen, whose employment as a psychiatric nurse at the Thomas Embling Hospital (operated by Forensicare) had been terminated on 30 April 2013.
2. The termination of Mr Nguyen's employment followed his admission that day, 30 April 2013, during an investigation conducted on behalf of Forensicare, that he had misappropriated money from a patient.
3. Apart from this admission, on 14 March 2013, Mr Nguyen had also been charged with theft and obtaining property by deception in relation to the theft of a wallet and TAB tickets belonging to a colleague.
4. On 6 June 2013, the Board decided to investigate Mr Nguyen's conduct under section 160(1)(a) of the Health Practitioner Regulation National Law Act 2009 (National Law) and to refer the matter to the Immediate Action Committee (IAC).
5. On 19 June 2013, in response to a notice of proposed immediate action, the Health and Community Services Union provided a submission on behalf of Mr Nguyen. Among other things, in the submission Mr Nguyen admitted stealing from the patient and expressed remorse.
6. On 20 June 2013, the IAC suspended Mr Nguyen's registration.
7. On 25 June 2013, upon an undertaking by Mr Nguyen to be of good behaviour, the Magistrates' Court adjourned, without conviction, charges of theft and obtaining property by deception from his colleague.
8. On 1 November 2013, Mr Nguyen was convicted in the Magistrates' Court of dishonestly obtaining property by deception and stealing property valued at $40,480.44 from the patient between 1 June 2009 and 31 January 2013. Mr Nguyen was sentenced to two months' imprisonment and a Community Correction Order for a period of 18 months.
9. On 17 November 2013, AHPRA requested that Mr Nguyen respond to issues that it identified as:
   • misappropriation of approximately $41,000 from the patient between 1 June 2009 and 31 January 2013;
   • obtaining property by deception from the colleague;
   • his conviction on 1 November 2013; and
   • his failure to notify the Board that he had been charged with the relevant offences, as required under section 130(3)(a)(i) of the National Law.
10. On 30 November 2014, Mr Nguyen emailed his formal response to the investigation into his conduct. Among other things, he said that:
    • he had always admitted guilt in relation to misappropriating moneys from the patient, but he had not willingly stolen from his work colleague; and
    • he admitted failing to notify the Board once he had been charged with offences.

1. The allegations contained in the Notice of Allegations are:

1A That, in the period from on or about 1 July 2010 until on or about 31 January 2013, Mr Nguyen engaged in:

(a) professional misconduct within the meaning of the definition of professional misconduct in paragraphs (a) and/or (b) and/or (c) of section 5 of the National Law;

(b) unprofessional conduct within the meaning of the definition of unprofessional conduct in section 5 of the National Law, meaning professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner's professional peers;

1B That, in the period from on or about 1 June 2009 until on or about 30 June 2010, Mr Nguyen engaged in:

(a) professional misconduct within the meaning of paragraphs (a) and/or (b) and/or (c) of the definition of professional misconduct in section 3(1) of the Health Professions Registration Act 2005 (HPR Act);

(b) unprofessional conduct within the meaning of paragraphs (a) and (b) of the definition of unprofessional conduct in section 3(1) of the HPR Act;

in that he stole $40,480.44 from a patient of Mr Nguyen.

(aa) Conduct Statement 3 of the Code of Professional Conduct for Nurses in Australia (July 1990, revised in 2003 and 2006) states: 'Nurses, respect the possessions and property of persons people [sic] in their care.

(bb) Conduct Statement 8 states: 'An inherent power imbalance exists within the relationship between people receiving care and nurses that may make the persons in their care vulnerable and open to exploitation. Nurses actively preserve the dignity of people through practised kindness and respect for the vulnerability and powerlessness of people in their care.'

1. That on or about 1 November 2013, Mr Nguyen engaged in unprofessional conduct within the meaning of paragraph (c) of the definition of unprofessional conduct in section 5 of the National Law in that he was convicted in the Magistrates' Court of one count of theft pursuant to section 74 of the Crimes Act 1958 (Vic).

The conviction related to the theft of $40,480.44 from a patient of Mr Nguyen.

1. That on and from 21 March 2013 and/or on and from 9 August 2013 (in each instance being 7 days from the date of the relevant charge), Mr Nguyen engaged in unprofessional conduct within the meaning of paragraph (a) of the definition of unprofessional conduct in section 5 of the National Law in that Mr Nguyen failed to give the Board notice in accordance with section 130 of the National Law that he had been charged with an offence punishable by 12 months' imprisonment or more.

(aa) On 14 March 2013, Mr Nguyen was charged with theft and obtaining property by deception, each of which is an offence under the Crimes Act 1958 (Vic) punishable by 12 months imprisonment or more, in relation to TAB tickets owned by his colleague. Mr Nguyen did not give notice to the Board in respect of these charges, as required under section 130 of the National Law.

(bb) On 2 August 2013, Mr Nguyen was charged with theft in relation to the $40,480.44 that he stole from his patient. Mr Nguyen did not give notice to the Board in respect of this charge, as required under section 130 of the National Law.

1. The conduct in relation to allegation 1A, regarding Mr Nguyen's theft from his patient during the period of operation of the National Law since it began in July 2010, meets the relevant definition of unprofessional conduct under the National Law, being professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner's professional peers.
2. The conduct in relation to allegation 1A also meets the relevant definition of professional misconduct. It was:

(a) unprofessional conduct that was substantially below the standards reasonably expected of a registered nurse;

(b) more than one instance of unprofessional conduct that, when considered together, amounted to conduct that was substantially below the standard reasonably expected; and

(c) conduct that is inconsistent with Mr Nguyen being a fir and proper person to hold registration.

The conduct violated the relevant Code of Conduct in denying respect for the possessions and property of Mr Nguyen's patient and in his patient's vulnerability.

1. The conduct constitutes a significant breach of trust, it undermines the community's confidence in the nursing profession and it breaches fundamental ethical standards in nursing.
2. Mr Nguyen has admitted the conduct.
3. In addition to the admissions, the Tribunal may rely upon the findings and convictions in the Court as evidence of the conduct, unless there is good reason not to do so: Psychology Board of Australia v Milosovic [2013] VCAT 12 (3 January 2013). In this matter there is no good reason not to do so.
4. Consequently, on the basis of the findings in the criminal trial, as well as on the basis of his admissions in his correspondence to the Board, the Tribunal finds that Mr Nguyen stole from his patient, over the period covered by this allegation.

1. The conduct in relation to allegation 1B, regarding the theft from the patient from June 2009 until June 2010 occurred during the operation of the HPR Act. The HPR Act allows for findings of professional misconduct or unprofessional conduct (section 77). The conduct meets the definition of professional misconduct under the HPR Act, particularly:

(a) conduct that violates the standard of professional conduct observed by nurses of good repute (paragraph (b) of the definition); and

(b) conduct that justified a finding that Mr Nguyen is not a fit and proper person to practise nursing.

1. Again, the conduct constitutes a significant breach of trust, it undermines the community's confidence in the nursing profession and it breaches fundamental ethical standards in nursing.
2. Again, Mr Nguyen has admitted the conduct and it has been the subject of findings against him in the criminal trial and the Tribunal may find that Mr Nguyen stole from his patient over the period covered by this allegation.

1. Allegation 2 covers Mr Nguyen's conviction of one count of theft on 1 November 2013. The conviction falls within paragraph (c) of the definition of unprofessional conduct under the National Law, being a conviction for an offence under another Act, the nature of which affects Mr Nguyen's suitability to continue to practise nursing.
2. The conviction is recorded in the Court extract, which was placed before the Tribunal.
3. The conviction points clearly to Mr Nguyen's unsuitability to practise nursing.

1. Allegation 3 covers Mr Nguyen's conduct in March and August 2013, in which he failed to notify the Board that he had been charged with an offence punishable by 12 months' imprisonment or more, as required under section 130 of the National Law. This conduct falls within paragraph (a) of the definition of unprofessional conduct, being a contravention of the National Law.
2. This is conduct that undermines the Board's capacity to carry out its role in protecting the public and regulating professional standards.
3. Mr Nguyen has admitted the conduct.

1. Mr Nguyen did not appear at the hearing, nor was he represented. Mr Nguyen had previously advised the Board that he did not intend to take part in the proceeding.
2. The Tribunal is satisfied that Mr Nguyen received the material disclosing the allegations against him and that he received notice of the hearing.

1. The allegations are found proved. It must be said that they are of a serious nature and deserving of a disposition which satisfies the requirements of:

1. Clearly, in addition to a reprimand, Mr Nguyen's offending demands cancellation of his registration and disqualification for a significant period.

1. Mr Nguyen was given written notice by the respondent advising that it would be seeking an order that Mr Nguyen's registration be cancelled, that he be disqualified from applying for registration for a period of three years and that he be reprimanded. Mr Nguyen responded as follows:

I received correspondence today from your office regarding a VCAT hearing scheduled for the 7th November 2016.

I don't wish to partake in the proceedings as the matter has bought much shame to myself, my family and my ex-colleagues. I will accept whatever findings are handed down in my absence. My hope is to maybe someday return to the nursing profession but if that is not granted I have no one to blame but myself.

I see that you have tried to make contact for over a year, which I was unaware of. Due to the nature of my behavior and great shame caused I moved away from Melbourne to get a fresh start, story for any inconvenience caused.

1. The Tribunal takes into account Mr Nguyen's expression of remorse. However, given the serious nature of his offending and the need to satisfy the requirements set out above, the Tribunal considers that the disposition sought by the Board is appropriate.