A Ballarat nurse who was inappropriately touched by a patient suffers from PTSD and no longer works in health care after her employer failed to properly protect her, a court has heard.
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Ballarat Health Services pleaded guilty to a criminal offence in relation to the incident, but has urged the court not to impose a conviction.
The organisation breached the Occupational Health and Safety Act following an incident involving the nurse and a patient at the Ballarat Base Hospital in August, 2018.
BHS pleaded guilty to one charge after the Victorian WorkCover Authority withdrew three charges at the Ballarat Magistrates' Court on Wednesday.
The charge states BHS "failed, as far as was reasonably practicable, to provide and maintain for its employees a working environment that was safe and without risks to health risks when it failed to provide information to employees as was necessary for those persons to be able to perform their work in a way that was safe and without health risks".
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The court was told a patient, who had behavioural issues including inappropriate sexualised behaviour towards employees, was admitted to the hospital in July.
The patient, who has since died, made inappropriate comments to the nurse while she was cleaning him, touched her inappropriately and grabbed her hand after making an inappropriate comment.
WorkSafe accused BHS of failing to inform its ward 4 south employees the patient's behavioural issues included inappropriate sexualised behaviour towards employees and there was a risk of injury to them.
A document details the duties, known as 'patient watch', are to be undertaken by employees assigned to a patient with an identified level of risk. WorkSafe alleged BHS failed to provide information, instruction and training to its employees regarding the duties required to perform 'patient watch'.
According to charge sheets, WorkSafe states BHS failed to provide adequate information, instruction and training to all ward 4 south employees in relation to the management of clinical aggression.
Prosecutor James Henderson said a document known as the 'behavioural observation' form was available to employees to record behavioural observations including physical aggression, verbal aggression, wandering, agitation, motor agitation, resisting care and 'other'.
But BHS failed to provide adequate information for ward 4 south employees on control measures that could be implemented to assist employees rostered on for future shifts with patient behaviours identified on the 'behavioural observation' form.
The failures resulted in the nurse, referred to in court as the injured person, to be exposed to the risk.
In a victim impact statement read to the court, the nurse said she had lost her job and career aspirations to become a nurse manager, and she experienced post-traumatic stress disorder, anxiety and suicidal thoughts.
She said her husband had become her carer, she could no longer pop out for lunch with the girls and her injury had changed everything in her life.
"This nurse turned up at work one day and didn't go home the same," Mr Henderson said.
Defence barrister Sarah Keating told the court a conviction would tarnish the reputation of Ballarat Health Services.
She said the health service started operating as a hospital in 1856 and it did not have a criminal history.
"Pro-active steps have been taken above and beyond what was required," Ms Keating said.
She submitted specific deterrence had no role to play in the sentence and the offence was at the lower end of the scale.
The prosecution's submissions were filed with the court but Mr Henderson said general deterrence was the most important aspect of the offending.
The prosecution is seeking $4260 in compensation.
Magistrate Hayley Bate will hand down her sentence next week.
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