Event and Time
Event Description
On 9 April 2018, SafeWork NSW commenced proceedings against the Ambulance Service of NSW (ASNSW) following the discovery of tampered Fentanyl vials at Belmont Station. The investigation revealed that Paramedic Jenkins had been misappropriating Fentanyl for personal use by replacing it with saline solution. The case brought into question ASNSW’s compliance with work health and safety regulations and the adequacy of its auditing practices surrounding medication safety.
Application and Claims
SafeWork NSW initiated the prosecution citing violations under the Work Health and Safety (WHS) Act. The case centered around ASNSW's duty of care to ensure the safety and well-being of both its employees and the public through proper management of restricted medications and effective auditing practices.
Judicial Decisions
1. The defendant (ASNSW) was convicted of the offence. 2. A fine of $250,000.00 was set, later reduced by 25% to $187,500.00 based on the guilty plea. 3. Half of the fine was allocated to the prosecutor as per statutory provisions. 4. The defendant was required to pay the prosecutor's costs, as agreed or determined through assessment.
Dispute Points and Legal Basis
Dispute Points
- Prosecution Arguments:
- ASNSW failed to meet its duty of care under the WHS Act. - There was a systemic failure in medication auditing practices allowing for the tampering and misuse of medication. - The loss of Fentanyl and the associated risks posed a significant danger to both paramedics and patients.
- Defence Arguments:
- ASNSW cooperated fully with the investigation and took immediate steps upon discovering the tampering. - There was no prior indication of misuse that would necessitate an immediate intervention beyond the existing auditing procedures. - The lack of awareness from paramedics about Jenkins' behaviour and the burden on the staff to monitor medication usage was emphasized as an operational challenge.