See the data: State government ‘interested’ in allowing unions to prosecute SA Health hospital violence cases

Nurses should be free to prosecute employers who fail to prevent serious hospital violence, their union claims – and authorities are seriously considering it. See the latest data.

Authorities and unions have condemned the rising level of healthcare violence. Picture: NCA NewsWire / Kelly Barnes

The state’s nurses union could sue employers who fail to prevent serious, or ongoing, abuse and violence in public hospitals, under proposals authorities are considering.

The state government has shown an “interest” in draft legislation allowing organisations, such as the Australian Nursing and Midwifery Federation, to launch private prosecutions for safety breaches.

Ministers are also considering forcing public sector chief executives, including SA Health, to include occupational health and safety “welfare” as a compulsory performance benchmark.

Attorney-General Kyam Maher outlined the worker safety measures at a SA Unions roundtable earlier this month in the wake of a review into the state’s workplace safety watchdog, SafeWork SA.

The details emerged as official figures revealed how fearful frontline health workers are urgently calling for help almost 30 times a day on average for violent or threatening incidents.

In a letter to Mr Maher sent after the roundtable, the federation’s secretary, Elizabeth Dabars, said her organisation had lobbied for more than two years to “gain the right to prosecute employers for breach of occupational health safety and welfare laws”.

“We are cautiously pleased to hear that the Government is indicating an interest to draft legislation to this effect,” she wrote.

“However, we understand that it will take time for such legislation to be fully considered and pass.

“This is an urgent matter. Nurses, midwives, and other healthcare professionals are enduring unacceptable abuse on a daily basis.

“(They) are reporting being hit, punched, spat on, and threatened.”

She condemned “unacceptable” rises in abuse.

“Given public entities pride themselves on being a model litigant, we believe public entities should also be a model employer,” she told Mr Maher.

“Sadly, this is far from reality at the present time.”

Associate Professor Dabars raised concerns last week with Health Minister Chris Picton about “sluggish responses” from Local Health Networks to crackdown on healthcare violence.

New SA Health data revealed clinicians and hospital staff made almost 80,000 “Code Black” calls – including almost 1500 to police – to combat dangerous and abusive patients, families or supporters over the past seven years.

Based on statistics to April this year, total code blacks, and police interventions, will hit record levels in 2023.

SA Health is also reviewing “challenging behaviour” rules.

The rate of “code black” and police interventions has spiked in recent years amid growing drug use and more complex mental health cases. Picture: NCA NewsWire / Kelly Barnes

Health staff are trained in how to deal with “challenging behaviour” patients including behavioural problems caused by intoxication, mental illness or other medical issues, such as dementia.

Mr Maher welcomed the union’s suggestions.

“We’ve undertaken the process to consider this proposal,” he said in reference to both the law crackdown and the key performance indicators for public sector bosses.

“We are always open to suggestions to improving work health and safety.”

Australian Nursing and Midwifery (SA Branch) CEO Adjunct Associate Professor Elizabeth Dabars. Picture: Keryn Stevens

Concerns have been raised with Health Minister Chris Picton about “sluggish responses” from Local Health Networks to crackdown on healthcare violence. Picture: Keryn Stevens

An SA Health spokeswoman said management was working, including with unions, “to achieve effective sustainable results that consider unique circumstances for each hospital”.

She said: “Everyone has the right to be safe in their workplace. Any act of violence or aggression in hospital is not acceptable and the safety of our staff is our priority.

“We are committed to providing a safe environment for staff, patients, and visitors in all our hospitals.”