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THE County Court has upheld a decision to find Golden City Support Services guilty of failing to provide a safe workplace, but its fine has been reduced from $15,000 to $10,000.
The organisation appealed the original decision from the Magistrates’ Court, and was found guilty in Bendigo on Friday for a second time.
WorkSafe laid the charges after a client with high level autism injured a disability support worker while she was trying to leave the car they were travelling in.
Golden City had chosen not to install safety screens in the car, and had not made significant safety improvements for six months after the incident in April 2013.
The organisation claimed the screens could have created more behavioural problems with the client.
In her ruling, Judge Jane Patrick said there was no evidence to suggest the client could not have adapted to the screens.
“It was clear from all of the evidence that the client could adapt to changes,” she said.
Judge Patrick described Golden City’s assertion that the screens would have a negative impact as “matters of theory only”, and “there was a lack of detail”.
Earlier, WorkSafe prosecutor Peter Matthews had argued the risk to workers had remained for a significant period of time.
He said a “proactive response” to the situation would have been required by June, but the organisation took until October to change its safety practices.
“In the intervening months after April 19, the focus was not on the safety of the workers, but upon … concerns regarding (the client’s) support,” Mr Matthew said.
The incident occurred after the client’s “behaviour escalated” while travelling in a car. The worker was sitting beside the client, and attempted to leave the car but the client grabbed onto her arm, causing the injuries.
Acting for Golden City Support Services, John Langmead QC said the organisation had an obligation under the Disability Act to ensure control measures did not “introduce new or higher risk”.
He said the screens would have reminded the client of their behaviour issues.
“Because of the obligations Golden City Support Services has under the Disability Act … the less restrictive option must be taken,” he said.
The hearings in Bendigo lasted three days, and included evidence from Golden City chief executive officer Ian McLean.