A SafeWork SA investigation found Minda failed to provide a safe system of work by not providing the worker with information about the behavioural risk posed by the client.

Minda provides advocacy, home and living support services to children and adults living with intellectual disability.

The youth disability support worker attended her scheduled shift at 4pm on 1 May 2021. She received a phone call from her support leader shortly after the commencement of the shift instructing her to undertake a “fill-in” shift at another location until 8pm.

The worker, who had been employed by Minda for two months, had not previously worked at the residence or with the young person who lived there alone and required 24-hour one-on-one care.

The worker asked for information about the situation she was being sent into but was not told that the young person had a documented history of sexually inappropriate behaviour.

During the shift the worker was subjected to physical and sexual assault, resulting in a psychological injury that prevented her from working for four months post incident.

SafeWork SA required Minda to review and revise its shift handover processes to ensure that they were effective in controlling identified risks.

Minda launched its own investigation following the incident and provided a report to SafeWork SA and the court.

It also implemented a new and improved, organisation-wide shift handover procedure and checklist, which were rolled out in August 2021.

The not-for-profit pleaded guilty and was sentenced in the South Australian Employment Tribunal on Thursday.

In her sentencing comments, Deputy President Magistrate Katherine Eaton said Minda had made a range of appropriate improvements to its training and handover procedures following the incident.

Magistrate Eaton said it is relevant that the incident occurred less than six months after Minda was sentenced for an earlier offence, which also involved a sexual assault by a client on a support worker.

‘While the details of the failings that led to the assault were different, a common element was a failure to have in place adequate procedures and compliance with communication protocols,’ Magistrate Eaton said.

‘It is concerning that Minda is again to be sentenced for failing to properly manage a known risk to its workers of sexually inappropriate behaviour by a client.

‘While the work that Minda does is difficult and worthy, it also behoves it to pay due attention to the particular risks that this work carries for the workers who provide the care.’

The offence carries a maximum fine of $500,000. Minda accepted that a fine was appropriate but asked the court to take into account that it is a not-for-profit organisation and that any fine will impact its capacity to provide services.

A conviction was recorded and an initial fine of $70,000 was imposed before a 40 per cent discount for an early guilty plea.

‘I accept that Minda’s response to this offence has been comprehensive and wide ranging, and this is something I consider points to a lower sentence,’ Magistrate Eaton said.

‘However, unlike the court sentencing last time, I am unable to consider a lack of offending history as a factor towards a lower sentence.’

SafeWork SA Executive Director Glenn Farrell said employers must identify the risk of physical and sexual violence, harassment and discrimination in workplaces and have effective means of managing them.

‘Crucial aspects from this case are that staff need to be made fully aware of the risks posed by the clients in their care and be provided with adequate information, instruction and training to mitigate the likelihood of being exposed to both physical and psychological harm,’ he said.

‘The defendant failed to provide and maintain, so far as was reasonably practicable, safe systems of work which would have protected the worker from the risk presented by the young person.’