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Ann Marie Smith’s carer Rosemary Maione was banned by Domiciliary Care SA in 2013, parliamentary committee hears

Parliament has heard dramatic evidence that the worker at the centre of a manslaughter investigation into the squalid death of Ann Marie Smith had previously been banned by a State Government care provider.

Ann Marie Smith died aged 54 of septic shock, multiple organ failure and malnutrition. Her death has been declared a major crime.
Ann Marie Smith died aged 54 of septic shock, multiple organ failure and malnutrition. Her death has been declared a major crime.

The carer at the centre of a police investigation into the death of Ann Marie Smith was banned by Domiciliary Care SA – a section of the Human Services Department at the time – amid unproven allegations of theft, a state parliamentary committee has heard.

Human Services acting chief executive officer Lois Boswell told the committee on Monday that Rosemary Maione, of Hectorville, was banned from providing services by Domiciliary Care SA in 2013 after a family with whom she was working alleged she had stolen money.

She said Ms Maione had also been working as a carer without having had a disability worker screening check.

Ms Boswell further revealed that Ms Maione was eventually screened and approved to work with vulnerable people by the Human Services Department on April 24 – Eighteen days after Ms Smith’s death in circumstances described by police as “disgusting and degrading”.

Ms Maione’s lawyer, Stephen Ey, told The Advertiser the theft allegations were never investigated by police, were never substantiated and were denied by his client.

He also said Ms Maione was never asked not to work with domiciliary care clients and “was never aware of any banning”.

Ms Boswell said the 2013 allegations were not flagged in the screening process because the family did not want police involved and therefore the matter was not reported to authorities.

“In 2013, Domiciliary Care services – which were part of our department at the time –

banned Rosemary Maione, who was employed by Integrity Care, from providing services to

Domiciliary Care clients,” she said.

“This decision was made as a result of allegations that clients’ money had gone missing when she was working in their homes.

“The allegations ... were made in January 2013 ... that whilst this particular worker had been working in someone’s home on a number of occasions that money had gone missing.”

Ms Boswell said she did not know much cash was allegedly taken but it was “not huge amounts but reasonable amounts of money”.

“The families ... asked that it not be reported to the police,” she said.

“I understand that Integrity Care interviewed their worker and they claimed that they did not believe that it had happened or that they did not think it was substantiated.

“The management of Domiciliary Care, though, were concerned enough that they actually asked for that worker to no longer work with domiciliary care clients.”

Ms Boswell said the department only became aware of the allegations when it received a phone call from a former staffer.

“We had a phone call ... from a former manager of Domiciliary Care saying that they believe they recall the name and that helped us to go look in a particular place to find this information,” she said.

Ms Boswell also revealed Ms Maione filled out a Working with Vulnerable People screening form on April 14 – eight days after Ms Smith died – and the following day that form was submitted and paid for by Integrity Care.

The department approved that application on April 24.

Ms Boswell said the department revoked the approval last week after it became aware that Ms Maione was Ms Smith’s carer.

“What is quite concerning is that there was an application after Ann Marie’s death for a screening because Integrity Care ... had obligations to report and to advise us, so Integrity Care appears to have not reported these things and that is very disconcerting as well,” she said.

Ann Marie Smith’s home at Kensington Park. Picture: Dean Martin
Ann Marie Smith’s home at Kensington Park. Picture: Dean Martin

Ms Smith, 54, died in the Royal Adelaide Hospital on April 6 from septic shock, multiple organ failure from severe pressure sores, and malnutrition.

The Kensington Park woman, who had cerebral palsy, had been admitted to hospital the day before when Ms Maione called an ambulance.

Police declared Ms Smith’s death a major crime on May 15 and launched a manslaughter investigation.

They said she may have been stuck in a cane chair 24 hours a day for about a year.

Ms Maione was identified as being Ms Smith’s carer.

She had been working for Integrity Care at the time, but the organisation suspended and then fired her after Ms Smith’s death.

Integrity Care was fined $12,600 for failing to report Ms Smith’s death within 24 hours. The organisation only notified the NDIS Quality and Safeguards Commission two weeks after Ms Smith died.

Opposition human services spokeswoman Nat Cook described the revelations as “shocking” and called for a review into all screenings of care workers.

“It is mind-blowing that this woman who was alleged to have been involved in such an incident, who had previously been banned from entering homes, would then be given the tick by the government,” she said.

“At so many levels, Ann Marie Smith has been let down – let down terribly by a system that was set up supposedly to support her.

“We need to make sure that this hasn’t happened to any other worker and we must also ensure that there is nobody caring for anybody in our community that has not been screened.”

Human Services Minister Michelle Lensink said screening check looked into a person’s criminal and substantiated disciplinary history.

“If a person has not been charged and does not have a criminal history, and there are no flags in the system from SAPOL or the NDIS Quality and Safeguards Commission, then it will not show up in the screening process,” she said.

“If a worker has a disability services employment clearance, and they are arrested or charged with a serious offence, the screening unit is notified immediately and it would result in a person’s screening being revoked.”

Ms Lensink said disability service providers are required to ensure their staff have had an approved disability services employment check.

“A screening clearance is only one part of creating a safe environment for vulnerable people and employers have a responsibility to ensure appropriate policies and standards are maintained by their staff,” she said.

Original URL: https://www.adelaidenow.com.au/news/south-australia/ann-marie-smiths-carer-rosemary-maione-was-banned-by-domiciliary-care-sa-in-2013-parliamentary-committee-hears/news-story/899a50cf030cf8911b4b15aacb470bd6