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Outback murder of Gayle Woodford puts watchdog in the dock

The work safety watchdog ­accused of bungling the investigation into murdered outback nurse Gayle Woodford will be the subject of a far-reaching independent ­inquiry.

Gayle Woodford.
Gayle Woodford.

The work safety watchdog ­accused of bungling the investigation into murdered outback nurse Gayle Woodford in South Australia’s APY Lands will be the subject of a far-reaching independent ­inquiry into its work practices, The Australian can reveal.

The inquiry follows a series of revelations in The Australian last week showing SafeWork failed to register Woodford’s murder as a workplace death, was accused of heartlessness in its treatment of her family and delayed investigations that could have helped mount a prosecution.

The newly elected SA Labor government had promised an ­internal review of the troubled ­department but will now expand it to include an independent review headed by a retired Federal Court judge looking specifically at the handling of the Woodford case.

Woodford’s death was the subject of a damning coronial inquest last year that found deficiencies in work practices for remote nurses working in Indigenous communities in the state’s far north.

In an admission the work practices were unacceptable, Woodford’s death led to the creation in 2017 of what is known as Gayle’s Law, a statutory guarantee that remote nurses can never work alone.

Despite the coroner finding Woodford would be alive today if she had not been working on her own, SafeWork SA advised her family last month its legal advice stated there was no reasonable chance of mounting a successful prosecution against the responsible health council in the APY Lands. SafeWork’s assessment has been condemned by the family and their lawyer, former District Court judge Peter McCusker, who has provided The Australian with his own legal analysis showing ample evidence to prosecute the Nganampa Health Service with whom Woodford was employed.

Last week’s coverage by The Australian was seized on by new Premier Peter Malinauskas, who confirmed his government would expand on its pre-election promise to review SafeWork SA’s policies and practices. This will be broadened to include a separate and specific examination of the Woodford case, with former Federal Court judge and Law Society president John Mansfield expected to head up a fully independent inquiry.

The broadening of the inquiry could have significant ramifications for SafeWork SA, coming just four years after a damning ICAC report found it had also bungled three high-profile cases ­involving a construction worker crushed by a scissor lift, a girl thrown from a sideshow ride and two female pedestrians crushed by a construction site fence.

Mr Malinauskas said he spoke to Attorney-General Kyam Maher about the Woodford case last week after The Australian ­revealed there would be no prosecution just four days before the deadline to launch one was to ­expire. “There has been more than one case that you can put in the category of ‘how did we arrive at this conclusion?’,” Mr Malinauskas said, alluding to the 2018 ICAC report into SafeWork SA. “But more than that, when it comes to the Woodford case generally, what we know is there is a problem writ large with the implementation of Gayle’s Law.”

Mr Malinauskas confirmed SafeWork SA would not be ­allowed to lead or influence the investigation into its work practices.

In another positive sign for the Woodford family, The Australian understands the Attorney-General has arranged to meet with them and their lawyer later this month to discuss their case, without SafeWork SA present. Woodford’s widower, Keith, told The Australian that while he understood a prosecution could not be mounted, he was heartened there was renewed attention on the handling of the case. “Something has to be done about it because the process has been completely unacceptable,” he said.

Woodford was abducted, raped and murdered in 2016 by lifelong sex offender Dudley Davey, who received a 32-year sentence for his crimes in the small town of Fregon, 1275km north of Adelaide.

Original URL: https://www.theaustralian.com.au/nation/politics/outback-murder-of-gayle-woodford-puts-watchdog-in-the-dock/news-story/852fc40a3808e8e78a1c548acb099bde