Court Imposes Fine on Aged Care Facility
St Basil's aged care facility in Fawkner, Melbourne, has been fined $150,000 for failing to provide a safe working environment during a 2020 COVID-19 outbreak. The outbreak led to the deaths of 45 residents and infected 45 staff members.
Details of the Breach
Victoria's County Court heard that St Basil's did not ensure adequate staff training, with five employees reportedly lacking formal instruction on the proper use of personal protective equipment (PPE). Judge Trevor Wraight noted a lack of ongoing supervision to monitor staff training, which resulted in some staff not fully understanding PPE procedures.
Key points from the court proceedings:
- The maximum penalty for the charge was $1.49 million.
- Judge Wraight acknowledged St Basil's had infection control practices but emphasized the importance of monitoring and implementation, deeming the breach "relatively serious."
- The organization pleaded guilty to the charge, which resulted in a $100,000 reduction in its penalty.
- St Basil's legal team argued for a further discount based on the time elapsed since the outbreak and negative media attention.
Facility Improvements and Ongoing Actions
The court was informed that St Basil's has since digitized its record-keeping and enhanced its systems to prevent similar failures. Representatives from St Basil's were not present at the sentencing.
Families Express Disappointment
Families of residents who died in the outbreak expressed disappointment with the $150,000 fine. They called for greater accountability, viewing the penalty as insufficient given the tragic loss of life.
Spiro Vasilakis, whose mother died, stated: "At the end of the day we have a penalty of $150,000 to pay for 45 lives."
A separate coroner's inquest into the St Basil's deaths is currently on hold. Families are reportedly collaborating with a law firm to pursue a class action lawsuit against the facility's management. Maxine Mitsinikos, another family member, also sought accountability and compensation.