Home - Aged-care facility prosecuted in relation to a COVID-19 outbreak

UpdatesJul 05, 2022

Aged-care facility prosecuted in relation to a COVID-19 outbreak

Following on from the October 2021 prosecution of the Victorian Department of Health regarding the problematic hotel quarantine program, WorkSafe Victoria has this week commenced a significant prosecution against St Basil’s Aged Care for allegedly failing to manage a COVID-19 outbreak.

In a media release issued by WorkSafe, the prosecution alleges that in July 2020, after being notified by a worker that they had tested positive to COVID-19, St Basil’s failed to:

It is alleged that as a consequence of these failures, 94 residents and 94 staff members tested positive for COVID-19, with 45 residents later dying from COVID-19-related complications.

St Basil’s has been charged with:

The prosecution is one of the first commenced in relation to a failure to manage a COVID-19 outbreak and could be a signal for more prosecutions in this area across the country.

All persons conducting a business or undertaking (PCBUs) owe a duty of care to take reasonably practicable steps to manage the risk of COVID-19 infection. If there is a serious risk of harm to vulnerable employees or other persons impacted by the PCBUs undertaking, then the adequacy of controls implemented should be verified.


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