The families of aged care residents who died when COVID-19 swept through the Melbourne facility in 2020 say they are “disappointed” the company has only been fined.
St Basil’s in Fawkner has been fined $150,000 for failing to provide a safe working environment during the COVID-19 outbreak, which killed 45 residents and infected 45 staff members.
On Wednesday, Victoria’s County Court heard St Basil’s failed to provide adequate training for staff after five staff members were found to have not been formally taught how to put on and take off personal protective equipment (PPE).
In the four months prior to the outbreak, there had been five formal training sessions and daily demonstrations for some of July of that year, but Judge Trevor Wraight found there was “no ongoing supervision” to monitor which employees had undergone training.
“As a result of this, not all staff understood the sequence and manner of donning and doffing PPE,” he said.
The charge carried a maximum penalty of $1.49 million.
The court heard 45 residents died during the outbreak. (ABC News)
“In my view, St Basil’s was aware of the risks … and I also accept that it had in place infection control practices,” Judge Wraight said.
“Nonetheless there is no benefit in having a system in place unless it is appropriately monitored and implemented.
“St Basil’s departure from its duty in this instance represents a relatively serious breach.”
On March 2 the organisation pleaded guilty to the charge, which the court heard led to a $100,000 discount of its penalties.
Representatives from St Basil’s did not attend Wednesday’s sentencing.
The families of those who died say they are disappointed with the fine. (ABC News: Joseph Dunstan)
The aged care home’s legal team argued it should be given a discount for the length of time that had passed since the outbreak and for the amount of negative media attention the company received.
“While it is the case that many elderly residents tragically passed away … this prosecution is limited to its failure to train employees,” the judge said.
The court heard the facility had since digitised its record keeping and improved its systems in order to ensure “the failures that occurred in 2020 do not occur again”.
Families call for accountability
Speaking outside court on Wednesday, Spiro Vasilakis, whose mother died in the St Basil’s outbreak, said the penalty was “very disappointing”.
“At the end of the day we have a penalty of $150,000 to pay for 45 lives,” he said.
“We want to see someone held accountable.”
A coroner is separately investigating the St Basil’s deaths, but the inquest had been put on hold.
Mr Vasilakis said he was also angry with the Greek Orthodox Church, which runs the facility.
Spiro Vasilakis’s mother Maria died during the COVID-19 outbreak at the facility. (Supplied)
He said his mother chose the facility because it was run by the church.
“These people were placed in there to be taken care of and they weren’t, at the most crucial time,” Mr Vasilakis said.
“They completely dropped the ball. It’s a joke.
“All of us families, we are in a Facebook group together. Let me tell you, no-one is happy about this.”
Seventy-seven residents reside at the Fawkner facility.
Families say they are working with a law firm to mount a class action case against the facility’s management.
Maxine Mitsinikos, whose mother Georgia Mitsinikos died at the facility, said the families were still waiting for closure.
“I want them to be accountable, somehow, for these lives,” she said.
“I want there to be some kind of compensation.”