Hidden report says governments were to blame for St Basils aged care chaos

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His report was prepared at the request of Victorian Coroner John Cain, who is leading an inquest into the deaths of 50 residents at St Basils during the states second COVID wave in 2020. It challenges the public narrative of the crisis, that blame primarily lies with the homes failure to adhere to infection control and other COVID protocols.

The inquest heard St Basils was poorly prepared to respond to a COVID outbreak and aggravated the crisis by initially refusing to furlough staff, then refusing to assist in the handover to a relatively inexperienced surge workforce provided by Commonwealth contractors.

Victorias workplace health and safety regulator, WorkSafe, last month charged St Basils Home for the Aged (Victoria) with multiple breaches of occupational health and safety laws. The charges include failing to provide a safe working environment, adequate instruction and supervision for staff at the home, and a safe place for residents.

A total of 188 residents and staff at the Fawkner aged care center were infected with COVID-19 during the outbreak. Of the 50 deaths, 45 residents died with COVID and five from suspected neglect.

Norton has for the past decade been a prominent global figure in emergency management response. He has directed Australias national medical assistance team, the World Health Organizations global emergency medical team, and, early in the pandemic, was brought in by the Commonwealth to advise on conditions on the COVID-stricken Ruby Princess cruise ship. He joined the Victorian Aged Care Response Center after the St Basils crisis had abated.

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His report found the most critical failing at St Basils was an eight-day delay between the first known COVID case on July 9, 2020, and the return of the first mass testing results at the nursing home, which showed 17 staff and 11 residents were infected.

Norton said this delay, which he described as the root cause of the St Basils disaster, stemmed from a breakdown in communication between state and federal health agencies and the health care regulator, the Aged Care Quality and Safety Commission.

I find there was inadequate preparedness for responding to COVID-19 in residential aged care facilities in Victoria by the Commonwealth and Victorian governments, particularly in relation to co-operation between the two levels of government, he said.

This included conflicting advice about what to do in response to an outbreak and no clear channel of communication in the event of one.

By contrast, Norton found that St Basils preparedness was comparable to other residential aged care facilities in Victoria at that time.

Norton was called before the inquest as an expert witness in December, but before he could testify about his findings, his evidence was cut short by objections from lawyers representing the Victorian and Commonwealth health departments.

Anne Hartley, QC, counsel for the Victorian Department of Health, challenged the relevant expertise of Norton while counsel for the federal Department of Health, Christopher Horan, QC, questioned his independence in light of his contract work for the federal government.

Their objections were supported by Gemma Cafarella, counsel for families of St Basils residents, represented by Carbone Solicitors, who submitted that Norton had apprehended bias and conflict of interest. Carbone Solicitors are pursuing a class action against the operators of St Basils, which is owned by the Greek Orthodox Archdiocese of Australia.

When contacted by The Age, Norton maintained he was an independent expert. I certainly didnt go in with any perceived bias from my side, he said. I only agreed to do it because I was hoping it could change the system for the good.

Judge Cain initially rejected the application to exclude Nortons evidence but later agreed that he not be called as a witness, and to remove his report from the brief of evidence.

The coroner remarked that the arguments about Norton would take up short time and Im unlikely to get anything additional to what I already have in the material provided by other witnesses. The coroner made no finding about Nortons expertise or independence.

Effie Fotiadis, whose father Dimitrios was a St Basils resident, is the lead plaintiff in a class action against the operators of the nursing home. Credit:Chris Hopkins

Lawyers acting for former St Basils chairman Kon Kontis and director of nursing Vicky Kos unsuccessfully argued for the Norton report to remain in the brief of evidence before the coroner.

Kontis and Kos have so far refused to appear before the St Basils inquest. The Victorian Supreme Court this month ordered the pair to testify. They were given six weeks to appeal the decision.

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Dr Ian Nortons findings are contained in Lockdown (Monash University Publishing, $33), a book on Melbournes pandemic experience, by Chip Le Grand.

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