In a landmark case, the District Court of NSW has convicted and fined Marist Youth Care Limited, a residential care provider, $300,000 for failure to mitigate risks of workplace violence, including sexual harassment. SafeWork NSW commenced proceedings against the care provider for breach of s 32 of the Work Health and Safety Act 2011 (NSW).
The Court heard there were numerous reports of poor behaviour from residents towards staff. There was a system in place to report such behaviour, but due to poor training and management, there was no action taken. This resulted in female staff being left alone for several hours with residents who were violent and aggressive towards women. During a nine-month period in 2019, there were two incidents of assault towards female workers who were left with psychological injuries including PTSD, generalised anxiety disorder and major depressive disorder.
The Court noted that there were “failures at management levels to respond to those incidents. In particular, the Area Manager’s response was seriously inadequate” (at [106]).
Head of SafeWork NSW, Trent Curtin has said “To help ensure workers are protected from sexual harassment, SafeWork NSW has set up a dedicated Respect at Work Taskforce – the first Australian WHS regulator to do so – and will support NSW employers to take systemic action to address this pervasive harm.”
This case highlights the importance of proactive measures, such as consulting with employees, assessing work environment risks, and establishing clear reporting procedures. In addition to having the appropriate policies and procedures, businesses must show they have a robust process of review and oversight to ensure effective management of workplace issues.
To read the full case, click on the link below:
SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74
Our experienced Braye Cragg team can assist you if you are looking to review the risks in your workplace. Contact our office on (02) 4926 6000 or email us at reception@brayecragg.com.au to book an appointment with Robert McKessar or Chris McCourt. Yes, we can help.
