Recent prosecutions

Page content: Fines and 12-month Community Based Order imposed on SRS Proprietor | Proprietor convicted of breaches of the Act | Proprietor Company Found Guilty | Former SRS Proprietor convicted and fined more than $20,000 | Former SRS Proprietor reprimanded by the Nurses Board of Victoria

Fines and 12-month Community Based Order imposed on SRS Proprietor

On the 27th May 2008, the proprietor of an SRS in the South-eastern suburbs of Melbourne was found guilty of 12 offences under the Health Services Act and associated Regulations.

Those 12 offences related to night staffing, inappropriate accommodation, medication records and other documentation.

In sentencing, the Magistrate emphasised the vulnerable nature of the residents and the need for general deterrent for these types of offences while recognising the prior lack of offending by the defendant and the fair manner in which the facility is currently operated.

The proprietor was sentenced to undertake 80 hours of unpaid, supervised community service work over the next 12 months and to pay fines and costs totalling $7,000.

Proprietor convicted of breaches of the Act

On the 14th of August this year, the proprietor of an SRS in the South-Eastern suburbs of Melbourne was found guilty of five offences against the Health Services Act and associated Regulations.

Those five offences related to failing to maintain the temperature of the premises sufficiently for the comfort and well-being of residents as well as failing to prepare and update residents' interim and ongoing care plans.

The Magistrate commented that proprietors engaged in this industry took on an onerous task with legal and moral obligations for which they must accept responsibility. He went on to say that because these charges were concerned with failures, which occurred in the course of attending to vulnerable people, it was his view that the imposition of a penalty must be accompanied by a conviction.

Fines and costs totalling $16,000 were imposed.

Proprietor Company Found Guilty

On Friday 24 November 2006, Magistrate Saines found R B Andrews Pty Ltd guilty of 24 offences against the Health Services Act 1988 and associated Regulations.

Those charges related to maintenance, lighting and communication system failures in an SRS that the company operates in the South-Eastern suburbs of Melbourne.

Whilst taking into account the efforts of the company to address some of the issues raised by the Department and the relatively early guilty plea, the Magistrate noted that the charges relating to defective call bells and inadequate lighting were substantial matters concerned directly with the safety of residents and staff.

The Company was fined $3,000 and ordered to pay costs of $6,500.

Former SRS Proprietor convicted and fined more than $20,000

Shanghai and Australia Company Pty Ltd, until recently the proprietor of an SRS in the South-Eastern suburbs of Melbourne, was successfully prosecuted by the Department of Human Services in the Melbourne Magistrates' Court on Thursday 6 April 2006. Fines totalling $20,200 were imposed as well as an order for costs to be paid by the former proprietor to the Department in the amount of $11,500.

Convictions were recorded against a charge of non-compliance with a condition of registration requiring maintenance works to be undertaken and two charges of failing to prepare appropriate residential statements during October 2004.

Convictions were also recorded against seven charges relating to further non-compliance with conditions of registration, failure to ensure resident privacy and numerous additional maintenance and cleanliness matters during February 2005.

The Magistrate noted in sentencing that dirty and poorly maintained premises would "no doubt have had a detrimental impact on residents who are already marginalised by their intellectual and psychiatric conditions." He went on to say, "it is important that companies that provide these types of services do so at a high standard to ensure that residents are not further disadvantaged" and acknowledged that Authorised Officers of the Department had made "many, many requests to get the home fixed up."

Former SRS Proprietor reprimanded by the Nurses Board of Victoria

On 18 May 2006, a Formal Hearing Panel of the Nurses Board of Victoria found that a Division 1 Registered Nurse had engaged in unprofessional conduct of a serious nature whilst the proprietor of a Supported Residential Service in the outer Eastern suburbs of Melbourne.

The hearing was conducted following a successful prosecution by the Department of Human Services for a range of offences under the Health Services Act, including failure to keep appropriate medication administration records.

The Panel noted that although the Nurse involved characterised the neglect of medication documentation as being a minor matter, it is a practice that can lead to considerable risk and danger. It also noted that this was not a singular occurrence of neglect of records, but was a consistent pattern of unprofessional conduct.

The Panel formally reprimanded the Nurse for her conduct and required her to undertake further education in nursing ethics within six months.

She is no longer involved in the SRS industry.

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