NEWS-HR

The Townsville Aboriginal & Islander Health Service (TAIHS) is facing a s.365 (Application to deal with contraventions involving dismissal) instigated by an ex-staff member (Reiners).

An aged care watchdog’s response to an Adelaide nursing home’s handling of a dementia patient’s attack on another patient was “underwhelming”, according to the coroner. South Australian coroner Mark Johns is investigating the death of Dorothy Mavis Baum, 93, who was attacked at St Basil’s Nursing Home at Christie Downs in May 2012. The inquest heard dementia sufferer Rozalia Setalo, 85, had gone on a rampage using a plastic chain and her walking frame as weapons and inflicted horrific injuries on Ms Baum, who was bed-bound. During her evidence last month, registered nurse Ute Latz said she locked herself and another resident in a nurses’ station after Ms Setalo assaulted her during the outburst. The inquest heard Ms Latz did not check on whether any residents had been injured until three hours later, when she discovered Ms Baum. The coroner held a hearing today to ascertain information about the Aged Care Complaints Commission investigation into the incident. Mr Johns said, from what he had heard so far, the outcome of the commission’s investigation was essentially to rule that the nursing home could continue “business as usual” with just some changes made to policies. “I would like to hear from someone from the commissioner’s office to offer some explanation to me as to why I should not form that view.” Mr Johns said he was critical of whether the commission sent an adequate message to the nursing home in response to the incident, given the nurse in question was still employed by St Basil’s more than four years later. “I can’t be confident that she [Ms Latz] won’t behave in the same manner tonight or tomorrow night if the same thing happened,” he said “I’m tentatively of the view that the commission’s response was inadequate.” The court heard the commission had provided Mr Johns with a letter and information but there was confusion whether the details could be publicised in the inquest or were for his eyes only. Mr Johns said the letter did not provide him with any comfort and that if further discussions could not be had with the commission, he would have “grave concerns to all persons who have anything to do with the aged care system”. Counsel representing the Aged Care Complaints Commission said the commission was committed to do what it could to assist the coronial inquest, but that he would need until the end of January to respond to the coroner’s requests.

An application by Victorian Hospitals’ Industrial Association (s.425 – Application to suspend protected industrial action, cooling off) will be determined by Commissioner Cribb in Court 8 – Level 6 in Melbourne at 9am today.

The Fair Work Commission has assented to the s.189 (Arrangement for conduct of an election) sought by the Australian Nursing and Midwifery Federation in Melbourne.

An application for approval of the McKenzie Aged Care Group Enterprise Agreement 2016 (s.185 – Application for approval of a single-enterprise agreement) will be determined by Commissioner Lee in his Melbourne Chambers at 2pm.

Eastern Health has a s.739 (Application to deal with a dispute) on its hands. Commissioner Cribb in Conference Room E & F – Level 6 in Melbourne will hear Jenkins case.

A scuffle broke out at the Hamilton District Court after sentencing of a caregiver who assaulted an elderly man at a retirement home was put off until next year. Sonali Ananta Deo, 23, was meant to be sentenced for an assault on 86-year-old Piri Hemi but the case was adjourned for three months after her lawyer Richard Barnsdale filed late submissions seeking a discharge without conviction. The delay upset Hemi’s son Allan, and his wife Priscilla, who were in court for the appearance and hoping to have closure before Christmas. Allan Hemi tried to get a picture of Deo as she left the court with a supporter and her lawyer. As Hemi got close to Deo, Barnsdale told him to “get out”. Hemi replied “Don’t touch me, mate,” as he continued to follow the group. Security raced over to try to calm the situation down, but the argument continued on the footpath outside. A member of the public also intervened before the tensions diffused a short time later. Hamilton police had not received any complaints about an incident at the court, a spokeswoman said. After the incident, Hemi said it had been a tough time for the family to try to digest what had happened to his father and dealing with the fact Deo may get off a conviction with her discharge application. “I’m very upset because there’s no closure. I’ve been wanting to get this over and done with for months and months now. We wanted to get it finished before Christmas so we could have a big Christmas with Dad but it’s still up in the air. “She’s pleaded guilty, how could they even let it go on this long. Just give her a conviction … It’s just not fair mate, you know.” Hemi said he might have over-reacted but he couldn’t help it. “People might look at that [footage of the incident] and say ‘oh they’re getting a bit carried away’ but if it was your dad or your mum, you’d be doing exactly the same.” It had also been a tough time for the family, having had to leave their home due to unforeseen circumstances and only had seven more days to find somewhere to live. Piri Hemi had to be put in respite care due to the circumstances, he said. The assault on Hemi occurred in Hamilton’s Cascades Retirement Home between June 9 and June 11, this year. Judge Connell was unimpressed with the delay but said he had to grant police time to assess the defence application and write submissions in response. Deo was remanded on further on bail to reappear in March.

An application for approval of the McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2015 (s.185 – Application for approval of a single-enterprise agreement) will be heard by Commissioner Lee in his Melbourne chambers at 1pm.