AUSTRALIAN TRIBUNAL DEREGISTERS NIGERIAN‑BORN NURSE AFTER REPEATEDLY SLEEPING ON DUTY, ENDANGERING ELDERLY PATIENTS

Published on 24 January 2026 at 14:36

Reported by: Oahimire Omone Precious | Edited by: Henry Owen

Abuja, Nigeria — A 25‑year‑old Nigerian‑born nurse, Chimzuruoke Okembunachi, has had her professional nursing registration cancelled in Australia after a civil tribunal found that she repeatedly fell asleep during night shifts while responsible for the care of vulnerable elderly residents at an aged care facility in Sydney — a ruling that underscores strict professional conduct standards in Australian healthcare and highlights the serious risks posed when those standards are breached. 

The New South Wales Civil and Administrative Tribunal (NCAT) ruled on January 20, 2026, that Okembunachi’s conduct amounted to professional misconduct and posed a significant risk to patient safety, leading to the cancellation of her nursing licence and her removal from the national register of health practitioners. The tribunal determined that no lower sanction than deregistration was adequate given the gravity of the lapses.

Okembunachi began working at Hardi Aged Care in Guildford, western Sydney, in February 2024, shortly after completing her Bachelor of Nursing Science in Australia. However, within a month of her employment she was suspended and subsequently resigned amid investigation into her performance during night shifts. 

According to the tribunal’s findings, she was rostered on night duty between March 13 and March 27, 2024, during which she served as the sole registered nurse overseeing a team of three to four assistants‑in‑nursing (AINs) and caring for around 100 elderly residents. On six separate nights, Okembunachi was found to have fallen asleep during her shifts, sometimes for prolonged periods, raising serious concerns about her ability to supervise staff and safeguard residents’ wellbeing. 

The tribunal heard that on at least three occasions residents missed their scheduled doses of prescribed morphine because the nurse was asleep and not monitoring or administering medications. In one incident, a staff member tried to wake her by turning on the nurses’ station light, only for Okembunachi to turn the light off and return to sleep shortly afterward.

In addition to the sleeping episodes, evidence presented included an occasion during which she instructed an assistant — who was not authorised to administer medications — to give Panadol to a resident suffering foot pain, telling the assistant “it’s okay sister, just give it to him.” Such delegation of clinical tasks beyond authorised levels further contributed to the tribunal’s finding of misconduct. 

Concerns about her performance were formally raised by two nurses on March 27, 2024, prompting employers to take action. Okembunachi was suspended and invited to a meeting by Hardi Aged Care but resigned about 20 minutes after receiving the suspension notice, declining to attend the meeting. A subsequent complaint to the Health Care Complaints Commission (HCCC) led to the tribunal proceedings that culminated in her deregistration.

During the NCAT hearing, Okembunachi acknowledged her actions and expressed remorse, admitting that she “failed in supervising those staff members and the residents” and conceded that accepting the role amid significant personal stress was a mistake. She told the tribunal that she had been juggling night shifts with medical studies at Western Sydney University, and was also experiencing health issues including migraines, as well as family pressures connected to her sister’s costly surgery. 

In mitigation, Okembunachi explained that she should not have applied for the position at the aged care facility given those challenges and stressed that she learned “a huge lesson” from the experience. Nevertheless, the tribunal concluded that her conduct had the potential to endanger the lives of patients under her care, and held that deregistration was necessary to protect public safety. 

The decision means Okembunachi’s name has been removed from the nursing register and she is barred from seeking a review of the cancellation order for at least nine months. Since her suspension, she has not practised nursing but continues her medical degree, supported by her family and through Australia’s Centrelink Student Allowance. 

Healthcare regulators in Australia, including the Nursing and Midwifery Board of Australia and NCAT, place paramount importance on patient safety and professional standards, particularly for practitioners working independently on night shifts or in sole‑charge roles where lapses can have serious consequences. The outcome reflects the robust oversight mechanisms in place to ensure that registered health professionals meet stringent competence and conduct expectations. 

For Okembunachi, the tribunal’s decision marks a significant setback in her nursing career, but her legal ability to reapply for registration after the specified period remains an open and uncertain prospect, contingent on demonstrating remediation and sustained professional readiness. 

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