Melbourne aged-care home faces $13m in fines

An aged-care home at the centre of a deadly Covid outbreak in Melbourne faces millions of dollars in fines.

Residents are removed from St Basil's home for the aged in Fawkner, Melbourne, in July 2020. Picture: Stefan Postles

The aged-care home at the centre of a deadly Covid-19 outbreak in which 50 residents died faces a slew of charges carrying fines of millions of dollars after the workplace watchdog completed its long investigation.

St Basil’s Home for the Aged in Victoria will front Melbourne Magistrates Court next month after WorkSafe Victoria alleged it breached the Occupational Health and Safety Act nine times in July 2020, after elderly residents at the centre in Melbourne’s north were left hungry and dehydrated.

The regulator has accused St Basil’s of failing to train workers in how to don and doff personal protective equipment effectively, making sure staff were competent in using PPE and supervising staff in the use of such equipment.

The spread of Covid ultimately infected 94 residents and 94 staff at the centre in Fawkner — after a worker was told to show up for her shift despite her family members isolating with Covid symptoms.

Victims’ family welcomed the charges on Monday, but said other state government authorities must also be held accountable.

John Dimitriou, 73, died due to Covid complications soon after he was evacuated from the home and was moved to The Alfred hospital.

His son Spiros Dimitriou said he wanted the WorkSafe investigation to go further and scrutinise the actions of Aspen Medical – a surge workforce sent in by the federal government – following evidence their staff were under-qualified to adequately care for the residents.

“It’s been two years … we definitely want answers, bodies or people held to account. My dad and the others that lost their lives should be here today because they had been put in that nursing home for care,” he said.

“It was living a nightmare.”

Mr Dimitriou said he saw his father twice in the home amid confusion and frustration, but his family was not allowed into the hospital when he died in August 2020.

“He would have thought his kids had abandoned him. That’s the most devastating part. None of us could be there hold his hand,” Mr Dimitriou said.

The WorkSafe Victoria report found the aged-care provider failed to maintain a working environment that was safe and without risks to the health of its staff.

It also said the home failed to support workers to perform their work safely because it did not provide necessary information, instruction and supervision.

It is also alleged that St Basil’s failed to ensure “persons other than its employees were not ­exposed to risks to their health or safety arising from conduct of its undertaking”.

Finally, it did not ensure the “means of entering and leaving” the workplace was safe. The maximum penalty for each offence is $1.49m, meaning the business may be forced to pay more than $13m if found guilty.

State opposition Treasury spokesman David Davis welcomed the charges, and urged WorkSafe Victoria to apply the same scrutiny to other Covid-19 outbreaks that were managed by the Andrews government.

“These are older vulnerable people who needed proper support. WorkSafe has obviously got a legal duty now to go forward,” he said.

“They don’t seem to have pushed forward on the damage that has been done elsewhere in the system … to chase after those who are responsible for more than 800 deaths (due to) hotel quarantine.”

A coronial inquest into the deaths of residents – 45 of who died due to Covid while another five died due to neglect – was effectively stalled after the former managers of the centre launched Supreme Court action in February in a bid to avoid testifying.

Coroner John Cain ordered former chairman Kon Kontis and nursing director Vesna “Vicky” Kos to testify at the inquest.

A government spokesperson said: “Our thoughts and deepest sympathies are with all families who have been impacted by this terrible virus. As this matter is now before the courts, it would be inappropriate to comment.”

The matter will be heard at the Melbourne Magistrates Court on August 1.