06/07/2022

SafeWork SA has commenced a prosecution against SA Support Services Incorporated. SafeWork SA allege that SA Support Services failed in their health and safety duty to protect one of their support care workers whilst on a home visit.

The alleged offence, pursuant to section 32 of the Work Health and Safety Act 2012 (SA), occurred in June 2020 when a worker was sexually assaulted whilst providing support services to a client.

It is alleged that SA Support Services failed in their duty of care and did not maintain, so far as was reasonably practicable, a safe work environment because it failed to provide adequate (or any) information and/or instructions to the worker regarding the risk posed by the client.

It is alleged that SA Support Services failed to provide instructions on how to handle the client’s behaviour and failed to provide personal protective equipment to the worker, such as a personal duress alarm.

A hearing will take place in the South Australian Employment Tribunal at a date yet to be set.