St Basil’s COVID-19 Fine: Families Disappointed After $150K Penalty

The families of residents who died during a devastating COVID-19 outbreak at St Basil’s Home for the Aged in Fawkner, Victoria, have expressed disappointment with a $150,000 fine levied against the facility. The penalty, handed down by the Victorian County Court on Wednesday, relates to workplace safety failures – specifically, inadequate training for staff on proper personal protective equipment (PPE) protocols – during the height of the pandemic in 2020. The outbreak resulted in 45 resident deaths and infected 45 staff members, making it one of the deadliest outbreaks in an Australian aged care facility.

The court heard that St Basil’s failed to ensure all staff received adequate training on donning and doffing PPE, a critical measure to prevent the spread of the virus. While five formal training sessions and daily demonstrations were held in the months leading up to the outbreak, Judge Trevor Wraight found a lack of ongoing supervision meant not all employees understood the correct procedures. The maximum penalty for the breach could have reached $1.49 million, but the court applied a discount due to the organisation’s guilty plea.

The Scale of the Tragedy at St Basil’s

The St Basil’s outbreak became a focal point of criticism regarding the handling of the pandemic in Australian aged care facilities. The facility housed 92 residents and 106 workers at the time of the outbreak. Beyond the 45 deaths directly attributed to COVID-19, another five residents died from alleged neglect, as determined by a separate coronial inquest. Families have consistently argued that the fine is disproportionately small given the scale of the loss and suffering.

WorkSafe’s Initial Charges and the Plea Deal

WorkSafe, Victoria’s workplace safety regulator, initially brought nine charges against St Basil’s for breaching occupational health and safety legislation. However, the aged care provider pleaded guilty to just one charge – the failure to properly train and supervise five workers on PPE usage between March 13 and July 12, 2020. This plea resulted in an additional $100,000 reduction in the penalty. The regulator’s investigation focused on systemic failures in training and oversight, rather than directly attributing blame for the residents’ deaths.

Financial Implications and the Church’s Role

The $150,000 fine represents a relatively small financial impact for St Basil’s, which is operated by the Greek Orthodox Church. Spiro Vasilakis, whose mother died during the outbreak, voiced frustration that the penalty appeared inadequate considering the loss of life. He too directed criticism towards the Church itself, noting his mother specifically chose St Basil’s due to its religious affiliation and the expectation of compassionate care. Families are now exploring potential legal action, including a class action lawsuit, to seek further accountability and compensation.

Systemic Failures and Subsequent Improvements

Judge Wraight acknowledged that St Basil’s had implemented some infection control measures and training programs, but emphasized that these were ineffective without consistent monitoring and implementation. He stated, “There is no benefit in having a system in place unless it is appropriately monitored and implemented.” The court heard that the facility has since digitized its record-keeping and improved its systems to prevent similar failures in the future. However, these changes come after the tragic loss of life and do little to alleviate the grief of the families involved.

The Broader Context of Aged Care During COVID-19

The St Basil’s case highlights the significant challenges faced by the aged care sector during the COVID-19 pandemic. Aged care facilities were particularly vulnerable to outbreaks due to the age and underlying health conditions of residents, as well as the close-quarters living arrangements. Australia’s aged care system has long been under scrutiny for issues such as understaffing, inadequate funding, and a lack of robust infection control protocols. The pandemic exposed these vulnerabilities and prompted calls for systemic reform. The Greek Herald provides further context on the impact within the Greek community, which has a strong connection to the St Basil’s facility.

Coronial Inquest and Ongoing Investigations

A coronial inquest into the deaths at St Basil’s is currently underway, although it was previously put on hold. The inquest aims to determine the circumstances surrounding the deaths and identify any systemic failures that contributed to the tragedy. The findings of the inquest could lead to further recommendations for improving aged care safety and accountability. Families are hoping the inquest will provide a more comprehensive understanding of what went wrong and ensure that similar events are prevented in the future.

What’s Next for Families Seeking Justice?

Families are continuing to pursue legal avenues, including the potential class action lawsuit, to seek compensation and accountability. The outcome of the coronial inquest will also be closely watched, as it may reveal further details about the failures that occurred at St Basil’s. The families emphasize their desire for closure and a commitment from authorities to prevent similar tragedies from happening again. The legal process is expected to be lengthy and complex, but the families remain determined to seek justice for their loved ones.