Victorian health service facing charges over death of patient

Victorian Health Service Facing Charges Over Death of Patient

WorkSafe Victoria has charged a Victorian health service following the death of a mental health patient at a Melbourne hospital two years ago. This case highlights the serious obligations public healthcare providers carry under workplace safety legislation.

Summary of the Case

Worksafe has charged the health service for allegedly failing to ensure the safety and wellbeing of individuals who are not employees, as required under section 23(1) of the OHS Act. This provision extends duty of care beyond staff, covering patients receiving treatment within health services.

The patient tragically passed away by suicide while under treatment at the hospital in February 2022. WorkSafe's decision to pursue charges reflects growing scrutiny of how mental health risk gets managed within clinical settings across Australia.

Court Proceedings

The matter will be heard at Melbourne Magistrates' Court on 13 March 2024. Outcomes from this hearing could influence how other Victorian health providers approach patient safety obligations moving forward.

Why This Case Matters for Health Services

Safety within psychiatric and mental health facilities remains a critical concern for regulators nationwide. Health services operating hospitals and treatment centres owe a statutory duty to protect non-employees, including patients, visitors, and contractors, from foreseeable risk.

Under Victoria's OHS legislation, this duty applies broadly across all environments where a service delivers care. Failure to identify and control risk to patient safety can result in criminal charges, reputational damage, and costly legal consequences for public healthcare providers.

Related coverage on this topic can be found in our earlier report, WorkSafe charges health service over patient death, which outlines similar regulatory action taken against another Victorian health provider.

Broader Context: WorkSafe Enforcement Trends

This case follows a pattern of increased enforcement across multiple sectors. WorkSafe has pursued action against organisations in construction and manufacturing where safety failures led to serious harm, including cases detailed in Two Victorian companies facing charges over worker's death and Melbourne rubber company facing charges over workplace death.

These cases collectively demonstrate that regulators expect robust safety systems across every sector, whether a service operates a hospital ward, a factory floor, or a construction site.

Strengthening Safety Systems Within Health Services

Health services can reduce exposure to regulatory action by embedding structured safety documentation and psychosocial risk controls into everyday operations. Recommended measures include:

• Implementing comprehensive mental health and psychosocial policies tailored to clinical environments
• Maintaining current health and welfare policy frameworks that address patient wellbeing
• Conducting regular risk assessments using tools such as a health surveillance record
• Reviewing an OHS manual (Victorian version) to ensure alignment with current legislation

Professionals seeking further guidance on compliance frameworks may benefit from attending the Workplace Health and Safety Show, where industry experts discuss evolving obligations facing health providers.

Key Takeaways

• WorkSafe Victoria has laid charges against a health service over a patient death occurring in February 2022
• The alleged breach concerns section 23(1) of Victoria's OHS legislation, covering duty owed to non-employees
• Court proceedings are scheduled for 13 March 2024 at Melbourne Magistrates' Court
• Health services across Australia should reassess psychosocial risk management and patient safety protocols

Originally published on the WorkSafe Victoria website.