One of South Australia’s largest disability service providers has been fined $42,000 after a worker was sexually and physically assaulted by a youth in their care.
Key points:
- A SA disability service provider is fined $42,000 after a support worker was sexually and physically assaulted by a client
- Minda pleaded guilty in the SA Employment Tribunal over the May 2021 incident
- The magistrate said the incident occurred less than six months after Minda was sentenced for a separate offence
A SafeWork SA investigation found Minda Incorporated failed to provide a safe system of work by not providing the worker with information about the behavioural risk posed by the client.
SafeWork SA said that during the shift, a youth disability support worker — who had been employed for two months — was instructed to undertake a “fill-in” shift at another location.
According to SafeWork SA, the worker had not previously worked at the residence or with the client, who required 24-hour one-on-one care and lived alone, and the worker was not informed of the client’s “documented history of sexually inappropriate behaviour”.
SafeWork SA said the worker was subjected to physical and sexual assault during the shift, which resulted in a psychological injury that prevented them from working for four months.
Minda launched its own investigation and provided a report to SafeWork SA and the court.
The not-for-profit pleaded guilty and was sentenced in the South Australian Employment Tribunal on Tuesday over the May 2021 incident.
Second incident in six months
In her sentencing remarks, Deputy President Magistrate Katherine Eaton said the incident occurred less than six months after Minda was sentenced for a separate offence, which also involved a sexual assault by a client on a support worker.
“While the details of the failings that led to the assault were different, a common element was a failure to have in place adequate procedures and compliance with communication protocols,” Magistrate Eaton said.
“It is concerning that Minda is again to be sentenced for failing to properly manage a known risk to its workers of sexually inappropriate behaviour by a client.
“While the work that Minda does is difficult and worthy, it also behoves it to pay due attention to the particular risks that this work carries for the workers who provide the care.”
Magistrate Eaton said Minda had made appropriate improvements to its training and handover procedures.
“I accept that Minda’s response to this offence has been comprehensive and wide ranging, and this is something I consider points to a lower sentence,” she said.
“However, unlike the court sentencing last time, I am unable to consider a lack of offending history as a factor towards a lower sentence.”
Minda received a conviction and a $70,000 fine, which was discounted by 40 per cent for an early guilty plea.
SafeWork SA Executive Director Glenn Farrell said employers must identify risks to staff in their workplaces and have effective processes to manage them.
“Crucial aspects from this case are that staff need to be made fully aware of the risks posed by the clients in their care and be provided with adequate information, instruction and training to mitigate the likelihood of being exposed to both physical and psychological harm,” he said.
“The defendant failed to provide and maintain, so far as was reasonably practicable, safe systems of work which would have protected the worker from the risk presented by the young person.”
