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Today, St Basil’s Home for the Aged was penalized in the Victorian County Court for its role in one of the most severe nursing home COVID-19 outbreaks of 2020.
A tragic total of 45 residents contracted the virus and succumbed to related complications within just a month.
Judge Trevor Wraight handed down a conviction to St Basil’s and imposed a fine of $150,000. He highlighted that the facility’s management was fully aware of the COVID-19 outbreak but failed to implement necessary safety measures to protect the workplace.
“There were clear deficiencies in the system,” Judge Wraight remarked, “notably, five staff members did not receive the proper training, which contributed to the safety risks identified.”
The charges and sentencing were not directly related to the residents’ deaths but rather stemmed from the facility’s failure to uphold its workplace health and safety obligations.
WorkSafe had initially brought nine counts of breaching occupational health and safety legislation but dropped eight after the aged care provider pleaded guilty to one charge.
St Basil’s admitted it failed to properly train and supervise five workers on how to properly don and take off personal protective equipment between March 13 and July 12, 2020.
The organisation had engaged external doctors to train staff over five sessions, but five members did not receive training.
There were 92 residents and 106 workers at the home at the time. As well as the 45 resident deaths, 45 employees also contracted COVID-19.
Judge Wraight acknowledged the prolonged criminal process, which has lasted for more than five years, and heavy media scrutiny as mitigating factors in his sentencing decision
He also acknowledged St Basil’s has since upgraded its systems and procedures in preparation for future disease outbreaks.
The maximum penalty the aged care home could have received was $1.4 million.
A coroner is separately investigating the St Basil’s deaths, but the inquest had been put on hold pending the outcome of the criminal case.