Benalla Health has pleaded guilty in the Shepparton County Court to WorkSafe charges under the Occupational Health and Safety Act of failing to ensure people other than employees were not exposed to risks to their health or safety.
Prosecutor Colin Mandy SC told the court 93-year-old Lorna Exton fell from her electronic chair after it came apart while trying to be moved at Morrie Evans Residential Aged Care facility on October 20, 2021.
The incident happened during a fence visit outside, when in-person visits were prohibited at the facility operated by Benalla Health during COVID-19.
The court heard when the visit was over, a staff member tried to pull the chair on to the paved walkway; however, it wouldn’t move.
When the staff member pulled it again, the back separated from the chair’s base and Ms Exton slipped and fell backwards.
Mr Mandy said Ms Exton fractured her rib from the fall, and two days later she appeared to have a chest infection with her prognosis being “grim”.
Ms Exton died a week later on October 27, 2021.
The court heard the chair had previously been in a different ward of the hospital, and the aged care facility had borrowed it as other chairs had been removed.
Mr Mandy said Ms Exton was a “frail vulnerable person” who spent most of her time in the chair, which had not found its way into the maintenance system.
WorkSafe inspectors found the chair’s tension screws were loose, and no maintenance, maintenance requests or service history could be found relating to the chair.
They also found no tagging system in place to let staff know if or when an item of equipment had last been assessed.
Benalla Health’s defence barrister Amelia Beech said although COVID-19 was not an excuse for the incident, it provided important context, and it was unlikely something like this would happen again.
She said the chair was normally used indoors by people who were bedridden, and at the time Benalla Health was taking a “creative and compassionate approach” to provide “personalised care” that allowed residents to continue to engage with their family during COVID-19.
Ms Beech said because Benalla Health was funded by state and federal governments, fine payment would come from its operating expenses and have a significant impact on its budget and future funding.
She said Benalla Health had no prior convictions, provided “enormous support” to the community, and had done everything it could to rectify the situation.
Judge Geoffrey Chettle noted the irony of Benalla Health being in court for an Occupational Health and Safety charge when the reason for its “whole existence” is to look after the welfare of the community.
He also noted the chair was being used in an “unusual way”, but the fragility and vulnerability of people using the chair increased the serious risk of injury or death.
He said there should have been a system in place to make sure this didn’t happen.
Judge Chettle noted a heavy fine could diminish the amount of care Benalla Health provided to the community, but also acknowledged he had to send a message to prevent similar incidents from occurring.
“It concerns me I’d be reducing assisting the community by the fine I imposed,” he said.
Benalla Health will face court later for sentence.
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