Registered nurse who knowingly exposed elderly residents to Covid-19 disqualified for four years

14 Feb 2024

A tribunal has cancelled a nurse’s registration and disqualified her from applying for four years after it was found she continued to attend work and practice as a registered nurse despite testing positive for Covid-19.

Between 28 and 30 July 2020, Ms Kamaljeet Brar tested positive for Covid-19 and was directed to self-isolate by her GP. Ms Brar continued to practice as a registered nurse from 31 July to 3 August at two facilities, exposing vulnerable elderly residents and others to the risk of Covid-19. Between 24 August 2020 and 9 September 2020 Ms Brar attended work and practised as a nurse prior to receiving a clearance from the Department of Health and Human Services (DHHS).

Ms Brar sought to mislead her doctor, employers and the DHHS as to her compliance with isolation requirements by making false statements to cover up her conduct.

A notification was submitted to Ahpra on 16 September 2020 by Ms Brar’s employer. The Nursing and Midwifery Board of Australia (NMBA) commenced an investigation and took immediate action to suspend Ms Brar’s registration as a health practitioner on 9 September 2021 after she knowingly mislead the regulator. The NMBA referred her to the Victorian Civil and Administrative Tribunal (the tribunal) on 14 February 2022.

Ms Brar was also prosecuted in the Magistrates’ Court of Victoria for an offence under section 25 of the Occupational Health and Safety Act 2004 (Vic) of failing to take reasonable care of other employees. She received a fine of $25,000.

On 12 December 2023, the tribunal found that Ms Brar had engaged in professional misconduct and ordered that she:

• be reprimanded,
• have her registration cancelled,
• be disqualified from applying for registration for four years, and
• be prohibited from providing any health service until such time as she is registered as a health practitioner.

The tribunal commented that Ms Brar was ‘calculating’ and ‘deceitful’ in her actions and despite accepting that her conduct was very wrong and dangerous, it was also noted that Ms Brar had developed limited insight and remorse as to her proven conduct. The tribunal determined that a lengthy disqualification was necessary ‘for reflection and to undertake training in ethics, infection control and protection of patients’.

The tribunal’s decision was made on 12 December 2023 and is published on the Austlii website.