Sign Up
..... Australian Property Network. It's All About Property!
Categories

Posted: 2022-07-25 20:16:14

A former Federal Court Judge has found SafeWork SA's investigation into the death of murdered outback nurse Gayle Woodford was adequate but communication with her family could be better.

The review, commissioned by the South Australian government in May, was provided to the Attorney-General Kyam Maher earlier this month and was released publicly on Monday night.

In 2016, Ms Woodford was raped and murdered by Dudley Davey while she was the on-call nurse in the remote town of Fregon on the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands in South Australia.

Ms Woodford's death also prompted calls for more protection to be afforded nurses working solo in remote areas, with legislation known as Gayle's Law enacted in 2017.

SafeWork SA investigated the death but in May concluded there was no reasonable chance of a successful prosecution against her employer, the Nganampa Health Council (NHC), for work health and safety breaches.

An independent review by John Mansfield AM QC found SafeWork SA's year-long investigation was adequate and thorough.

"Indeed, in my view, it was comprehensive and thorough and conducted effectively," Mr Mansfield wrote.

A man and a woman pose for a photo with their heads close together
Gayle Woodford with her husband Keith Woodford. (Supplied: Keith Woodford)

His review also found the decision not to prosecute was because the Crown Solicitor's senior counsel advised that "it could not be shown beyond reasonable doubt that Gayle was doing work as part of her on-call nursing duties when she opened the cage door".

Mr Mansfield examined 24 folders of documents that was provided to senior and junior counsel by SafeWork SA's investigation team, which included evidence obtained by the Coroner and SA Police.

Engagement with family could be better

The former judge concluded that SafeWork SA did not communicate adequately with husband Keith Woodford and their family in the weeks following an coronial inquest that found her death at work could have been avoided.

The release of the inquest findings in April 2021 set a new 12-month deadline to bring charges against NHC.

"There was sufficient information available to SafeWork SA about Keith's concerns to warrant a more prompt contact, especially given the new 12 month time limitation," Mr Mansfield wrote.

Justice John Mansfield, Federal Court Judge in Timber Creek
Former Federal Court Judge Justice John Mansfield completed a review into SafeWork SA's investigation.(ABC News: Avani Dias)

SafeWork SA responded to Mr Woodford in June about the investigation that was underway but pointed out a prosecution may not necessarily result.

The review also recommended that laws could be reviewed to allow more information about SafeWork investigations to be shared, something the state government has agreed to look at.

"The consultation provisions in the Work Health and Safety Act will be carefully considered to see if more information can be provided to families as investigations are proceeding, and to ensure the time frames for bringing a prosecution provide a fair opportunity for families to be kept informed," Attorney-General Kyam Maher said.

Mr Mansfield also suggested extending the limitation periods to bring proceedings.

View More
  • 0 Comment(s)
Captcha Challenge
Reload Image
Type in the verification code above