Abhigith Maman worked at Wagga Wagga Base Hospital between 2018 and 2022. Photo: Michelle Kroll.
CONTENT WARNING: This story contains details that might upset some readers.
A former mental health nurse has been allowed to return to work after his registration was cancelled for having a sexual relationship with a vulnerable former patient while working in Wagga Wagga.
Abhigith Maman was working as a mental health nurse at Wagga Wagga Base Hospital when he met the woman, known as Patient A. He started working there in December 2018.
He worked in the hospital’s Mental Health Unit (WBMHU) as part of her nursing team during her admission.
Mr Maman met Patient A when she was admitted to the unit for treatment for alcohol misuse, depression and suicidal ideation.
They started dating in June 2021, about a month after she was discharged.
The relationship ended in December 2021, but resumed about six months later before ending for good in September 2022.
In a recently published decision, the NSW Civil and Administrative Tribunal (NCAT) ruled that Mr Maman could return to nursing.
In its decision, the four-member panel, comprising principal member Linda Pearson, senior members Susan Daly and Toni Azzopardi and general member Rosemary Kusuma, reinstated his registration.
“The tribunal accepts that the applicant is remorseful, and ashamed for his previous misconduct,” the panel said.
In October 2024, NCAT cancelled his registration and ordered that he could not apply for reinstatement for 12 months.
He had been found guilty of unsatisfactory professional conduct and professional misconduct over the relationship.
“While in hospital Patient A and the applicant had talked about her cleaning business and discussed cleaning for his apartment,” the members said.
“The applicant did not ask his boss or any of his colleagues if it would be alright for a patient to clean his home.”
After their relationship started, Mr Maman did not disclose it to his colleagues.
Patient A made a complaint to the Local Health District in October 2022. Mr Maman resigned from the hospital that same month.
After the complaint, police told Mr Maman not to contact Patient A. He nevertheless later sent her a text message and attended her home to apologise.
In its recent decision, the panel said he should have understood how vulnerable Patient A was.
“The tribunal found [in the 2024 decision] that the applicant had breached the trust of Patient A who was particularly vulnerable due to the various conditions she suffered which should have been apparent to him given he had cared for her when she was a patient at WBMHU,” it said of that initial decision.
The original tribunal also found that his conduct demonstrated a “blatant disregard” for professional boundaries and a lack of understanding or concern for Patient A’s vulnerability.
“Further, at the time of discharge the applicant knew or should have known that if Patient A’s mental health deteriorated in the future she would present to emergency … [and] it was highly likely he would have been her nurse again.”
The original tribunal also raised concerns about messages between Mr Maman and Patient A discussing “orgasms”. Mr Maman told the tribunal the messages were referring to an alcoholic drink called an “orgasm”, but the tribunal rejected that explanation, finding that the messages were clearly discussing orgasms in a sexual context.
When seeking to have his registration reinstated so he could seek work interstate, Mr Maman told NCAT that he had started therapy, completed further education and moved to be closer to his support network.
He also said that he planned to move into the medical or surgical field, rather than mental health nursing, and that he held “deep regret, shame and sadness” over the relationship.
Mr Maman’s psychologist also told the tribunal that she supported him returning to work.
“Through therapy he has had the opportunity to develop and consider what practical strategies he could implement in the future to prevent any recurrence of boundary issues, and he had articulated a clear and appropriate plan for managing any future boundary challenges,” the members said of her evidence.
“In her opinion the applicant has developed a deep and sustained insight … [It] was her clinical opinion that the applicant is fit to return to nursing practice provided he continues to engage in reflective practice, professional supervision and self-care as part of his ongoing professional development.”
NCAT ultimately agreed to reinstate Mr Maman’s registration, accepting that he had demonstrated sufficient insight into his past behaviour to return to nursing.
“Without minimising the seriousness of his previous misconduct,” the tribunal said it was satisfied Mr Maman had developed sufficient insight and understanding of his professional obligations.
“The tribunal is satisfied that the applicant has demonstrated that as at the date of hearing of this application he can be trusted to practise in a way that conforms to the professional standards expected of a nurse,” the members said.
However, his return to nursing will not be unrestricted.
NCAT accepted a request from the Health Care Complaints Commission (HCCC) that he be supervised and imposed restrictions on his practice.
He will not be permitted to work as a nursing unit manager, supervise or train other nurses or nursing students, or work as a sole practitioner. He must also have another registered nurse on-site and an approved supervisor.
“The tribunal agrees with the HCCC that a supervisor could assist the applicant with the stressors he will face … A supervisor with reporting obligations would be able to assist the applicant in raising and addressing issues of concern promptly.”
The tribunal did not impose a mandatory “psychology condition” requiring him to continue regular counselling.
The four members said that while there had been “at times lengthy gaps” between appointments with his psychologist, they felt his work in developing insight into his behaviour would minimise risk in the future.
“[The] tribunal considers that on balance, having regard to the evidence as to his understanding of the factors that led to his past misconduct and strategies to avoid a recurrence, a condition requiring regular or monthly attendance with his psychologist is not warranted in the circumstances,” they said.
The tribunal said ongoing psychological treatment would nevertheless be helpful.
Mr Maman has not worked as a nurse since resigning from Wagga Wagga Base Hospital in October 2022 and is now seeking to return to nursing in Victoria.
He was also ordered to pay the HCCC’s costs.
If this story has raised any issues for you, you can call Lifeline’s 24-hour crisis support line on 13 11 14. In an emergency, call tiple zero.
Unfortunately, submissions close tomorrow but the consultation paper provides the proof of how much… View