Family members of residents who died during a COVID-19 outbreak at a Melbourne aged-care home have criticised a $150,000 fine handed to the facility, saying it does not reflect the scale of the tragedy.
St Basil’s Home for the Aged in Victoria was convicted and fined in the County Court on Tuesday after pleading guilty to a single charge of failing to maintain a safe working environment.
The Faulkner not-for-profit was charged by workplace regulator WorkSafe after 45 residents died from COVID-related complications within a month in 2020.
Relatives of three residents who died said the outcome was “disappointing” and “absolutely ridiculous”.
Spiros Vasilakis, whose mother Maria died from COVID, said the penalty did not pass the “pub test”.
“The key point is these people were placed in there to be taken care of and they weren’t,” he said.
“In their most crucial time of need … they (St Basil’s) completely dropped the ball.”
Maxine Tsihlakis, whose mother Georgia Mitsinikos also died during the outbreak, said the loss continues to affect her.
“$150,000 for 45 lives, how many years were shaved off their lives?” she questioned.
In handing down the fine, Judge Trevor Wraight said the case brought by WorkSafe focused specifically on failures relating to staff training.
“The evidence reveals the company was cognisant of its need to protect residents and staff,” he said.
“In my view St Basil’s was well aware of the risk … here there were weaknesses in the system that resulted in five of its employees not receiving appropriate training.”
The first confirmed COVID case at the facility was recorded on July 9, 2020. By July 15, dozens of infections had been identified after all staff and residents were tested.
The court heard that between March and June that year the aged-care provider organised five training sessions with external medical experts and worked to update policies and procedures for managing COVID.
However, five staff members did not attend any of the training sessions and not all workers at the facility understood the appropriate infection-control measures.
Judge Wraight said the failure amounted to what he described as a “relatively serious breach” of workplace safety laws.
He also acknowledged the facility had taken steps to prepare for a potential outbreak and had continued working in the years since to ensure similar failures did not occur again.
WorkSafe Chief Health and Safety Officer Sam Jenkin said the case highlighted the importance of proper training in workplaces.
“The tragic events at St Basil’s were a heartbreaking reminder of why health and safety matters, and our thoughts are with the families and loved ones of those impacted,” he said.
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