A disability service provider has been fined $42,000 for failing to warn an employee about the risks posed by a client that sexually assaulted her.
It is the second time that Minda, a provider of home and living services for people with intellectual disabilities in South Australia, has been sentenced after not managing risk to its employees.
After an investigation by Safework SA, the not-for-profit pleaded guilty and was sentenced in the South Australian Employment Tribunal on Thursday.
A youth disability support worker employed by Minda was in May 2021 told to take a "fill-in" shift with a client with whom she had not previously worked.
The young man was living by himself and required one-on-one care around the clock.
Although the worker asked for information about the job, she was not told the client had a documented history of sexually inappropriate behaviour.
During the shift he physically and sexually assaulted the worker, leaving her with a psychological injury that put her out of work for four months.
While Minda had made several improvements to its training and handover processes since the incident, Magistrate Katherine Eaton said the fact it wasn't the first incident of its kind had to be taken into account.
"It is concerning that Minda is again to be sentenced for failing to properly manage a known risk to its workers of sexually inappropriate behaviour by a client," Ms Eaton said.
"While the work that Minda does is difficult and worthy, it also behoves it to pay due attention to the particular risks that this work carries for the workers who provide the care."
The offence carries a maximum penalty of $500,000 but Minda asked the court to take leniency, given its non-profit status means any fine would hamper its ability to provide services.
Employers have a duty to identify risks of physical or sexual violence employees face in the workplace and effectively manage them, SafeWork SA executive director Glenn Farrell said.
"Crucial aspects from this case are that staff need to be made fully aware of the risks posed by the clients in their care and be provided with adequate information, instruction and training to mitigate the likelihood of being exposed to both physical and psychological harm," he said.
"The defendant failed to provide and maintain, so far as was reasonably practicable, safe systems of work which would have protected the worker from the risk presented by the young person."
A Minda spokesperson said the company respects the court's findings and has implemented new protocols following an extensive review into the incident.
"Minda is absolutely committed to a program of constant improvement in close consultation with our clients and employees, whose health and wellbeing is our primary concern," the spokesperson told AAP.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
