Government department fined $55,000 over care home violence

A Victorian government department has been fined $55,000 after residential care workers were hit and punched by a violent child over several months.

The child, who had an intellectual disability and a history of violent behaviour, moved into a residential care home at Moe in the Latrobe Valley in August 2015.

The department was fined for failing to ensure people other than employees were not exposed to health and safety risks, while the management was fined for failing to provide or maintain safe systems of work.Credit:Wayne Taylor

The Department of Families, Fairness and Housing owned the home and Victorian Person Centred Services Limited managed it.

Over a number of months, the child subjected several workers to aggressive acts, including punching and kicking, WorkSafe said.

Both the department and management could have let workers take refuge in the home’s office when they faced threatening behaviour rather than let it carry on, the Melbourne County Court was told.

The child’s behavioural management and support documentation could have been prepared so as not to discourage this.

Additionally, it was also reasonably practicable for the care home’s management to avoid rostering on workers who were at greater risk of getting assaulted by the child.

Both the department and management pleaded guilty to a single charge under the Occupational Health and Safety Act, and both were sentenced and fined $55,000 without conviction on Friday.

The department was fined for failing to ensure people other than employees were not exposed to health and safety risks, while the management was fined for failing to provide or maintain safe systems of work.

Duty holders have a responsibility to eliminate or minimise risks to workers’ health and safety as much as possible, WorkSafe executive health and safety director Dr Narelle Beer said.

“There is no excuse for failing to address the risk of occupational violence and aggression, even in workplaces facing complex physical and mental welfare challenges,” Beer said in a statement on Wednesday.

“No matter the situation, violence and aggression should never be seen as part of the job.”

Employers could put in place controls to reduce the risk of violence and aggression, and allocate resources to prevention and management, WorkSafe said.

The department has been contacted for comment.

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