NEWS-HR

The Trustee for The Salvation Army (Vic) Social Work is up against a s.372 (Application to deal with other contravention disputes) in front of Deputy President Hamilton in Court 3 – Level 6 and Conference Room B – Level 6 in Melbourne (Matchett).

A blind and partially-deaf woman living at a Townsville aged care facility was allegedly raped by a 21-year-old employee, while claiming she had endured sexual abuse since she arrived there. The night shift aged care worker, one of three staff members working at the time, entered the bedridden victim’s locked room on November 29 using a key, and under the guise of changing her incontinence pads, before raping her as she pleaded with him to stop. The woman, who is partially deaf, blind, and bedridden due to her diabetes, complained to another employee in the morning that a man had come in the middle of the night and “used” her. “It’s not the first time. It’s been going on since I got here, and it happened to me earlier this week, too,” she said, according to court documents. She was unable to physically identify her attacker, but DNA, including sperm, were located inside her vagina, and police will allege it matched the 21-year-old worker’s. But defence lawyers for the man – who has a clean juvenile and adult criminal history – in a failed bid to get him bail claim that there was a “third contributor” to the DNA that investigators found in the woman’s vagina. The man, who cannot be named for legal reasons, no longer works at the facility and is behind bars awaiting his next court date. Detectives went to the aged care home on November 29, seized bedding, interviewed the woman and completed a rape kit, before interviewing the two other staff members the next day. A forensic nurse at the scene found “significant” amounts of DNA. Police arrested and charged the man after DNA results were returned two weeks later. “(It) is of serious concern to police with the defendant using his position of trust to enable him to commit a heinous sexual act against a significantly older disabled victim in an aged care facility,” police said in court documents. A spokesman for the aged care facility, run by a nationwide not-for-profit organisation, did not answer questions.

A mental health worker was punched, spat on and had her hair pulled while driving a client through Geelong, a court has heard. Samantha Macumber, 22, admitted on Monday to launching the assault during a spate of offences committed within weeks of being bailed by a County Court judge. The North Geelong woman was sentenced to a 60-day prison term — allowing her to walk free due to time served — after she pleaded guilty to two assaults, theft and using threatening words. The Geelong Magistrates’ Court heard Macumber was in a car with a support worker when the first incident occurred on November 12 last year. The victim was an employee with Ermha, an agency supporting people with disabilities and mental health issues. Prosecutor Chris Capuano said Macumber had been told to stop adjusting the vehicle’s climate settings before she lashed out, striking the worker’s cheek, pulling the woman’s hair and spitting on her. He said the victim exited the car in an attempt to escape the assault, while Macumber threatened to slit her throat. One week later, Macumber stole a man’s phone, while in a separate incident on November 24, she attacked her ex-partner with scissors. The offences took place while Macumber was on bail and awaiting sentencing for five assaults and two attempted armed robberies in central Geelong. Previous court hearings have been told Macumber had long-established intellectual and psychological conditions. The support worker that Macumber attacked was in court on Monday. Defence lawyer Greg Thomas said his client generally had a “very good” relationship with her workers. Macumber appeared at the hearing via video link from Dame Phyllis Frost Centre. Magistrate Peter Mellas sentenced Macumber to time served but said she needed to curb her behaviour. “You will get out today, but you need to behave, particularly towards the people who are trying to help you,” he said.

Uniting Church in Australia Property Trust (Q) has a s.365 (Application to deal with contraventions involving dismissal) revolving in front of Deputy President Young in chambers in Brisbane (Esguerra).

Carnarvon Medical Service Aboriginal Corporation is facing a s.394 (Application for unfair dismissal remedy) in front of Deputy President Beaumont in chambers in Perth (Quartermaine).

The Health Services Union and Barwon Health a an agency of the State of Victoria have a s.739 (Application to deal with a dispute) to debate before Deputy President Mansini in Court 5 and Conference Room D – Level 6 in Melbourne.

Uniting Care still cannot shake a s.394 (Application for unfair dismissal remedy) to be determined by Commissioner Booth in chambers in Brisbane (Roberts).

Safe Places Community Services Ltd is facing a s.394 (Application for unfair dismissal remedy) before Commissioner Spencer in the Cairns Supreme, District and Magistrates Court Complex 5D Sheridan Street in Cairns (Addo).