WorkSafe alleges that between 26 July 2020 and 2 August 2020 the nurse attended multiple casual work shifts at an aged care facility after allegedly being advised not to attend work and then being made aware that she was positive to COVID-19.
She is charged with breaching section 32 of the OHS Act on 2 August 2020, in that, without lawful excuse, she recklessly placed, or may have placed, another person in danger of serious injury by attending the workplace after returning a positive PCR test.
The maximum penalty for an individual for this offence is five years imprisonment and a fine of 1800 penalty points ($297,396 at the time of the alleged offence).
The nurse is also charged with breaching section 25(1)(b) of the OHS Act, in that between 26 July and 2 August 2020 by attending work after being advised not to she failed to take reasonable care for the health and safety of persons at the workplace.
The maximum penalty for an individual for this offence is a fine of 1800 penalty points ($297,369 at the time of the alleged offence).
It is not alleged that the nurse's actions resulted in the transmission of COVID-19 in the workplace.
The decision to prosecute has been made in accordance with WorkSafe's General Prosecution Guidelines, which require WorkSafe to consider whether there is sufficient evidence to support a reasonable prospect of conviction and whether bringing a prosecution is in the public interest.
The matter is listed for a filing hearing at the Moorabbin Magistrates' Court on 7 September.
A number of other investigations relating to the control of COVID-19 related risks in workplaces remain ongoing.
