Diljo Augustin: wife punching nurse still able to work in ACT

A Canberra man found guilty of punching his wife as she held their infant child is still allowed to work as a nurse in the ACT. Find out why.

The ACT Civil and Administrative Tribunal has reprimanded a Canberra man convicted of punching his wife but has allowed him to continue his work as a nurse.

Diljo Augustin was convicted of common assault in July 2020 after pleading guilty to punching his wife’s shoulder while holding their child in a “feeding position”.

For his crime Augustin was sentenced to a 12-month good behaviour bond and was ordered to not assault, harass, threaten or intimidate his wife or child.

According to the statement of agreed facts from the case, between 11pm on June 18 and 1am 19 June 2020 Augustin became verbally aggressive towards his wife.

Diljo Augustinis still able to work as a nurse, despite being convicted of common assault against his wife. Generic image used. Picture: Supplied

The facts state she was holding the couple’s four-month-old child while standing in the doorway of a bedroom during the altercation.

After yelling at his wife, the facts state Augustin struck his wife on her right shoulder using a closed fist as he left the bedroom.

Police were notified about the incident by Augustin’s sister-in -law on June 24 2020.

In October last year the Nursing and Midwifery Board of Australia (NMBA) commenced disciplinary action in the ACT Civil and Administrative Tribunal (ACAT) against Augustin.

According to the judgment Augustin told NMBA on the night of the incident he had returned home tired and had brought fast food home to him which his wife questioned him about.

He said he went to bed and asked his wife to leave him alone, but she returned to the room with the child.

Augustin said after falling asleep, his wife questioned him about the junk food again, leading to another argument.

He said he asked her to leave him alone, and eventually decided to leave the room, pushing his wife with his fist as he left.

The Judgement also stated Augustin describing he and his wife having a good relationship, however he said he did not have a good relationship with his in-laws.

ACAT Senior Member Kristy Katavic said the reprimand against Augustin was not a “trivial sanction”. Picture: supplied

ACAT Senior member Kristy Katavic ultimately chose to only reprimand the nurse.

In the Tribunal’s Judgement, which was published in June, Senior member Kristy Katavic said she had “no doubt” that Augustin was deeply remorseful for his actions.

Her judgment noted the nurse accepted his actions fell into professional misconduct and that Augustin notified NMBA about the charge against him swiftly following his guilty plea.

It stated the victim was not injured during the incident, that Augustin had sought counselling to address his anger issues and the Judgement stated the altercation appeared to be isolated.

Ms Katavic said in her judgment reprimanding Augustin was “not a trivial sanction” and urged the decision should not be “misunderstood as condoning or diminishing the seriousness of the respondent’s conduct” or be seen to suggest family violence should be dealt with “lightly”.

“(Reprimand) is a strong censure against the respondent for falling below the standards expected of him,” she said.

“The tribunal’s occupational discipline jurisdiction is a protective not punitive one, which must have a focus on the protection of the public, the maintenance of the reputational standards of the profession and deterrence.”

“Any sanction should reflect the minimum force necessary to achieve that protection.

“ This is the measure by which the tribunal assesses whether proposed consent orders are appropriate.”