❓ Hon George Cash asks about workers' compensation and public liability claims against the Disability Services Commission from 2001-2003, detailing specific incidents involving employees and clients.
AnsweredQoN 621Legislative Council
QuestionView source ↗
(b) 2002; or (c) 2003?
(c) 2003?
(c) 2003?
AnswerView source ↗
Answered
7 May 2003
Responded by
Parliamentary Secretary representing the Minister for Disability Services
Response time
36 days
(a) In 2001: (i) a workers' compensation claim was settled in relation to injuries sustained by an employee from an assault by a client which prevented the employee from returning to work; and (ii) a workers' compensation claim by an employee in relation to injuries sustained was settled. (b) In 2002: (i) an employee sought and obtained compensation for a stress related condition resulting from dealing with troublesome clients in a difficult social area; (ii) the Commission was served with a Writ of Summons suing for negligence and breach of statutory duty under the Occupational Safety and Health Act by an employee who had been attacked by clients; (iii) an employee lodged a public liability claim against the owner of a Cannington property, which was used as an office by the Commission, for injury sustained on the stairs. The owner placed the Commission on notice with respect to part of the claim; (iv) a Writ of Summons was served on the Commission for injury sustained by a Social Trainer while loading a client using a wheelchair on to a van; (v) a public liability claim was settled out of court. It related to a member of the public who had been attacked by one of the Commission's clients; and (vi) a public liability claim was settled out of court. It related to a client who had sustained permanent injury while being a resident at one of the Commission's hostels. (c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(b) In 2002: (i) an employee sought and obtained compensation for a stress related condition resulting from dealing with troublesome clients in a difficult social area; (ii) the Commission was served with a Writ of Summons suing for negligence and breach of statutory duty under the Occupational Safety and Health Act by an employee who had been attacked by clients; (iii) an employee lodged a public liability claim against the owner of a Cannington property, which was used as an office by the Commission, for injury sustained on the stairs. The owner placed the Commission on notice with respect to part of the claim; (iv) a Writ of Summons was served on the Commission for injury sustained by a Social Trainer while loading a client using a wheelchair on to a van; (v) a public liability claim was settled out of court. It related to a member of the public who had been attacked by one of the Commission's clients; and (vi) a public liability claim was settled out of court. It related to a client who had sustained permanent injury while being a resident at one of the Commission's hostels. (c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(iv) a Writ of Summons was served on the Commission for injury sustained by a Social Trainer while loading a client using a wheelchair on to a van; (v) a public liability claim was settled out of court. It related to a member of the public who had been attacked by one of the Commission's clients; and (vi) a public liability claim was settled out of court. It related to a client who had sustained permanent injury while being a resident at one of the Commission's hostels. (c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(2) Details as listed above.
(b) In 2002: (i) an employee sought and obtained compensation for a stress related condition resulting from dealing with troublesome clients in a difficult social area; (ii) the Commission was served with a Writ of Summons suing for negligence and breach of statutory duty under the Occupational Safety and Health Act by an employee who had been attacked by clients; (iii) an employee lodged a public liability claim against the owner of a Cannington property, which was used as an office by the Commission, for injury sustained on the stairs. The owner placed the Commission on notice with respect to part of the claim; (iv) a Writ of Summons was served on the Commission for injury sustained by a Social Trainer while loading a client using a wheelchair on to a van; (v) a public liability claim was settled out of court. It related to a member of the public who had been attacked by one of the Commission's clients; and (vi) a public liability claim was settled out of court. It related to a client who had sustained permanent injury while being a resident at one of the Commission's hostels. (c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(iv) a Writ of Summons was served on the Commission for injury sustained by a Social Trainer while loading a client using a wheelchair on to a van; (v) a public liability claim was settled out of court. It related to a member of the public who had been attacked by one of the Commission's clients; and (vi) a public liability claim was settled out of court. It related to a client who had sustained permanent injury while being a resident at one of the Commission's hostels. (c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(c) In 2003: (i) a claim was settled in relation to physical/psychological injuries sustained by an employee as a result of an assault by a client. Two other cases for 2003 are still in progress (i) an ex-employee who was dismissed by the Commission for being physically incapable of fulfilling the job requirements (frustration of contract of employment) has appealed against her dismissal. (ii) a claim has been made in the Industrial Magistrate's Court that the Commission has failed to comply with the applicable award. (2) Details as listed above.
(2) Details as listed above.
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