South Australia's workplace safety watchdog is taking legal action against an Adelaide disability service provider, alleging it failed to protect a support worker from being sexually assaulted by a client.
The male client in his 20s pleaded guilty to assault with intent to rape over the June 2020 incident.
Last July, the man was sentenced to three years and four weeks in prison, with a non-parole period of 19 months.
The sentencing judge said he had a "serious intellectual disability" and autism spectrum disorder, and a history of sexual offending against women.
Court documents state the female support worker had worked in the industry for 30 years before the offence "turned her workplace into a place of horror".
SafeWork SA has now commenced prosecution proceedings against SA Support Services over alleged breaches of work health and safety laws.
In Employment Tribunal documents obtained by the ABC, SafeWork SA alleged SA Support Services failed to ensure a safe work environment for the support worker.
The documents state the provider had been "aware ... [the client's] inappropriate behaviours had been escalating".
"It continued to be possible for [the client] to leave the structure he resided in ... [and] it was possible for [the client] to enter other structures within the workplace," it said.
Allegations proper risk assessments were not made
SafeWork SA alleged SA Support Services did not perform adequate risk assessments, nor give adequate information or instructions to the support worker about the risks posed by the male client.
"The defendant did not provide ... or require the worker to wear a personal duress alarm, such as a belt clip personal alarm," it stated.
"The defendant did not ensure that the worker was instructed to call for assistance, retreat and/or lock the residence in which she resided in certain circumstances, such as upon encountering [the client] while alone."
SA Support Services and the National Disability Insurance Agency have both been contacted for comment.
According to its website, SA Support Services is a not-for-profit organisation operating in Murray Bridge, Mount Barker, Hahndorf, Parkside and Glenunga.
"We specialise in providing services to adults who have cognitive, psychosocial, developmental and psychiatric disabilities through the provision of Supported Independent Living accommodation and support," the website stated.
The breach alleged by SafeWork SA is classified as a minor indictable offence under South Australia's Work Health and Safety Act.
The parties are expected to attend a directions hearing next month.
