Charge Detail Summary

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File Number: Nur20/478P
Practitioner: Ashwani Lal
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Legislation – breach of Crimes Act 1961 (Established)


Documents - dishonest use of/intent of obtaining pecuniary gain
(Established)


Additional Orders:

Other Suppression Orders

Order for interim name suppression for the victims

Permanent name suppression for the victims

1073Nur20478P.pdf1129Nur20478P.pdf


Appeal Order:


Decision:

Full Decision 1129Nur20478P.pdf


Appeal Decision:


Precis of Decision:

Charge

On 20 October 2020 the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by a Professional Conduct Committee against Ms Ashwani Ajeshni Lal, an enrolled nurse, of Auckland, (the Nurse) relating to a referral of conviction.

The criminal charges related to the Nurse using:

  • a debit card belonging to a person at Pukekohe Hospital, in the amount of $291.93; and
  • a credit card belonging to another person at Pukekohe Hospital, in the amount of $1,266.14.

The Nurse pleaded guilty and was convicted in the District Court on two charges of dishonestly and without claim of right, using a document with intent to obtain a pecuniary advantage. She was sentenced to pay reparation to the victims of $1,558.07 and to complete 100 hours of community service.

Finding

The hearing proceeded on an agreed summary of facts. The Nurse admitted the charge and accepted that the conviction reflected adversely on her fitness to practise.

The Tribunal found the charge was established. 

The Tribunal considered that taking and using bank cards belonging to a colleague and patient is conduct that falls well below the professional and ethical standards expected of a nurse and inevitably impacts adversely on public trust and confidence in the nursing profession.

Penalty

The Tribunal:

  • Censured the Nurse
  • Suspended the Nurse’s registration for a period of nine months
  • Ordered conditions in the event the Nurse returned to practice as an enrolled nurse following her suspension.

The Tribunal took the Nurse’s limited financial means into account and ordered her to pay $5,134.00 which was approximately a 15% contribution to the costs of the investigation and hearing.

The Tribunal directed publication of the decision and a summary.