A Queensland Health enrolled nurse has failed in his bid to overturn a disciplinary finding that he engaged in inappropriate sexual conduct toward a vulnerable aged-care resident.
In a decision handed down on February 12, the Queensland Industrial Relations Commission (QIRC) confirmed a finding by Metro South Health that Steven Hill had engaged in misconduct while working at Redlands Residential Care Facility.
Mr Hill, who commenced employment with Queensland Health in December 2023, was directed to leave the workplace on March 4, 2024, and suspended days later after concerns were raised by staff about his conduct toward a resident with dementia.
The allegation centred on claims that, during the course of providing personal care in the resident’s room, Mr Hill inappropriately touched her breasts and nipples and made her uncomfortable.
The resident later described the male nurse as “creepy” and said he “always wants to cuddle”.
In January 2025, Queensland Health substantiated two allegations against Mr Hill and proposed termination of his employment.
He appealed the disciplinary finding relating to the sexual misconduct allegation, arguing there was no direct evidence, that the resident’s dementia impaired her reliability, and that the evidence did not meet the standard required under the Briginshaw principle.
Industrial Commissioner McLennan rejected those arguments, finding it was open to the decision-maker to be “reasonably satisfied” on the balance of probabilities that the conduct occurred.
While there were no eyewitnesses, the Commission found the resident’s disclosures to staff and later to police were consistent and made close in time to the alleged incident.
The resident also provided a physical description of the male nurse that matched Mr Hill, and her request that only female staff attend to her was considered a relevant change in behaviour.
The Commission accepted that Queensland Health delayed commencing its disciplinary process while awaiting clearance from police, and found the overall process was fair and reasonable.
The appeal was dismissed and the original disciplinary finding was confirmed, lifting a stay that had temporarily paused the decision.
