NEWS-HR

A s.185 (Enterprise Agreement) application from South Eastern Nursing and Home Care Association Incorporated T/A South Eastern Community Care for the South Eastern Community Care and Disability Support Workers Enterprise Agreement 2018 has passed muster with Fair Work Deputy President Saunders in Sydney on 21 December 2018.

Sunshine Coast Independent Living Service has had to face a s.394 (Application for unfair dismissal remedy) before Xmas before Fair Work Deputy President Asbury in the Fair Work Commission Central Plaza Two Level 14 66 Eagle Street Brisbane (James).

A s.185 (Enterprise agreement) application from the Brotherhood of St Laurence for its Brotherhood of St Laurence Community Services Enterprise Agreement 2017 has been approved by Fair Work Deputy President Saunders in Sydney on 21 December 2018.

A nurse who went drinking with vulnerable patients from a hospital acute mental health unit, and then had sex with one of them, has been reprimanded but allowed to keep nursing. The nurse, who has not been named in a tribunal decision, was dobbed in by her house mate, who saw one of the patients, who had previously been suicidal, at their home in 2016. Queensland Civil and Administrative Tribunal heard on at least six occasions the nurse had been assigned to care for the patient with whom she later had sex. The patient, called AB, had been admitted to the acute mental health unit after a siege in which he attempted to self-harm and had expressed suicidal thoughts. On November 18, 2016, AB, who had that day been released from hospital, and another patient she had nursed, BC, invited the nurse to BC’s home for a drink. That night she and the two ex-patients consumed drinks together and the next day the nurse went back to BC’s home, where she stayed overnight and had sex with AB. On the following day, the patient AB went to the nurse’s home, where they went to bed together but did not have sex. The nurse’s house mate called another nurse at the unit and told of the patient being at their home, the tribunal heard. A supervisor and the nurse who had been contacted then went to the home to ensure the patient was removed from the house. The nurse admitted the patient was in her room and that they had had sex, the tribunal heard. The Health Ombudsman brought two disciplinary charges against the nurse over the boundary violations that had occurred over three days in 2016. The tribunal found the breach of professional boundaries was particularly serious, because both patients were vulnerable. But they also heard that the nurse had stopped taking antidepressant medication about two weeks before the incidents and had also been under considerable personal stress. The tribunal found that partly explained the nurse’s conduct, but did not excuse it. She made full admissions and agreed her conduct was unacceptable, she voluntarily underwent psychological counselling and conditions were put on her registration. The tribunal said she had shown herself to be a resilient young woman with a strong passion for nursing and had demonstrated an insight into her conduct. QCAT deputy president Judge Suzanne Sheridan, said the tribunal was satisfied she did not pose a health and safety risk to the public and would not repeat the behaviour. She ordered the nurse to be reprimanded for professional misconduct, saying it was not a trivial penalty, as it was a matter of public record affecting a practitioner’s reputation.

A s.437 (Protected action) application from Australian Dental Association Victorian Branch citing Banyule Community Health has been issued by Fair Work Vice President Catanzariti in Sydney on 18 December 2018.

A pub in Sydney has been hit with an official warning after it allowed two middle-aged women to become so drunk at a St Patrick’s Day lunch that one tried to bite a paramedic called to help. The women arrived at the Hotel Palisade in Millers Point about 12.30pm for the March 17 lunch and drank two bottles of wine over the next five hours. About 5.45pm they began drinking glasses of white wine in “quick succession” in the bar area of the pub, NSW Liquor and Gaming said on Thursday. The manager was forced to call an ambulance after the women fell and couldn’t get up. One of the women had to be sedated on the way to hospital after she became aggressive and tried to bite a paramedic.

Police have charged a nurse with two counts of unlawful assault after he was caught on camera allegedly choking a patient with a brain injury at Caulfield Hospital. The media revealed shocking footage of the nurse allegedly abusing defenceless patient Billy Aivaliotis in his hospital bed on January 22. Caulfield Hospital immediately suspended the nurse, a 30-year-old Cranbourne West man, and launched a full investigation. The nurse no longer works at the hospital. A report ordered following the incident — published in July — made 26 recommendations, with Alfred Health promising to implement them by the end of the year. The nurse is due to appear at Moorabbin Magistrates’ Court for a contest mention on February 21 next year. Members of Mr Aivaliotis’ family hid a camera in a picture frame after they became concerned he was being abused. They said concerns they raised with hospital staff had fallen on deaf ears. Law firm Arnold Thomas and Becker, acting on behalf of Mr Aivaliotis, has launched civil proceedings against the hospital. The shocking footage shows a male nurse grabbing Mr Aivaliotis by the throat. Mr Aivaliotis, who was born with cerebral palsy, was struck by a vehicle on May 22 last year and suffered a significant brain injury and multiple leg and rib fractures. After treatment in the Royal Melbourne Hospital, he was transferred to Caulfield Hospital. But his family became concerned when he began losing weight and showing signs of bruising. They said they raised concerns about his treatment with hospital staff many times, but were dissatisfied with the response. “For months, we were totally ­ignored,” a family member said. “Billy fought for his life after the accident.” Footage captured at 8.06am on January 22 shows a nurse grabbing Mr Aivaliotis by the throat before moving him aggressively on to a bed. At 8.10am, the footage shows the nurse standing over Mr Aivaliotis as he attempts to clean him. The footage shows the nurse forcefully pushing Mr Aivaliotis in the neck or face area. The family said: “To leave a loved one in the care of a hospital and their staff demands total trust and support, which we were committed to. “After this devastating realisation, we have absolutely no faith in this broken and failed system of care. “We had to take matters into our own hands after zero action from the hospital. “Billy cannot voice his feelings. He is incapable of demonstrating his fears and concerns. His family is his voice, and we will do everything possible to ensure his safety and wellbeing.” A Cranbourne West man, 30, is due to face Moorabbin Magistrates’ Court on February 21, for a contest mention hearing regarding two counts of unlawful assault.

A s.437 (Protected action) application from Australian Dental Association Victorian Branch citing Sunbury Community Health Limited T/A Sunbury Community Health has been granted by Fair Work Vice President Catanzariti in Sydney on 19 December 2018.