Inspector Michelle Bogue v Ramsay Health Care Australia Pty Ltd. [2004] NSWIRComm 390

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Michelle Bogue v Ramsay Health Care Australia Pty Ltd. [2004] NSWIRComm 390 PROSECUTOR: Inspector Michelle Bogue PARTIES : DEFENDANT: Ramsay Health Care Australia Pty Ltd. FILE NUMBER: IRC 1250 of of 2003 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(1) - guilty plea entered - assault on nurse by patient of a psychiatric hospital - duress alarms available but not issued - agency nurses not instructed in availability and use of duress alarms - general orientation and instruction of nurses in defendant's policies and procedures allowed to lapse - emergency procedures not addressed by defendant in circumstances of staff dealing with aggressive patients and facing possibility of violence - defendant's system for screening patients - violent patients and other patients scheduled under the Mental Health Act not accepted - defendant employs many people and operates numerous facilities - no previous record - substantial changes and policies introduced after assault - serious offence found - breach comprehensive - general deterrence and limited role for specific deterrence - early plea and subjective factors lead to substantial discount - penalty imposed HEARING DATES: 10/19/2004 DATE OF JUDGMENT: 12/15/2004

PROSECUTOR: Ms P McDonald of counsel SOLICITORS: WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Legal Group

DEFENDANT: Mr P Hall QC with Ms L Constantine (Solicitor) SOLICITORS: Blake Dawson Waldron