Pecuniary Penalties Claims Examples

Professional Services - Stabbing on Premises

Breaches Involved

Section 8(1) of the NSW Occupational Health and Safety Act 2000

 

Case Details

An employee of a community service centre was stabbed while at work at a community service centre.

The employee was involved in an interview at the community service centre with a client of the centre. The client has a long history of incidences at the centre, including aggressive behaviour, loitering in the car park of the centre and verbally threatening staff.

 

The client's children had recently been placed in community care. The client attended the centre to visit with her children and to attend an interview with centre staff. During the interview, the client stabbed one of the employees of the centre and threatened other staff.

 

The Court found that the community centre did not have any formal procedures for dealing with potentially violent clients. It was also found that it was inappropriate to conduct the interview at the premises and, if an interview was to be held at the premises, a security guard or the police should have been present.

 

Resulting Penalties

»  The department was fined $200,000 and ordered to pay prosecution costs.

 

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