The operator of a Werribee aged care home will face court in relation to an alleged incident three years ago, in which an 88 year-old resident left the premises and fell into a nearby road excavation area.
The Director of Public Prosecutions has taken St Vincent’s Care Services (SVCS), which operates the aged care facility, to court after WorkSafe issued an “improvement notice” in relation to the incident.
On March 23, County Court Judge Amanda Chambers said she would permit the case to be heard by a single judge, due to COVID-19 causing trial delays.
Judge Chambers made the decision “on the papers”, which involves written submissions of opposing parties being considered, without a face-to-face hearing.
She said that SVCS was charged with one offence of allegedly contravening a section of the Occupational Health and Safety Act 2004 (Victoria) on March 10, 2018.
Judge Chambers said that on that day, an 88-year-old resident who used a walking frame, left the aged care facility via the reception area’s front door, about 8.38am.
The man was free to come and go from the facility without the need to enter a code into a keypad or any other requirement.
In addition, the resident was not being treated for any major medical ailments or dementia.
Staff at the aged care facility became aware the man was missing after his daughter and son-in-law arrived for a visit, but could not find him.
About 11am, the man was located about 100 to 200 metres from the facility, where he had fallen into an area being excavated by road builders.
Judge Chambers said the man was badly injured and was transported to hospital for treatment.
Following the incident, WorkSafe inspectors attended the aged care facility and as a result of investigations, issued an improvement notice requiring SVCS to implement a procedure to assess whether a resident was capable of leaving the facility, plus to record and monitor residents leaving and returning.
SVCS implemented such a procedure on April 9, 2018.
