Please note this article contains references to self-harm, which some readers may find distressing. If you or someone you know is struggling with thoughts of self-harm, please seek support from a mental health professional or contact a helpline immediately.

The conviction and hefty fine imposed on Court Services Victoria (CSV) for failing to maintain a safe workplace underscores the critical importance of managing both physical and psychological risks in the workplace.

On 19 October 2023, CSV (responsible for Victoria’s court system), was fined $379,157 after pleading guilty to not providing a safe work environment in relation to a toxic workplace culture and a range of psychosocial hazards that contributed to the suicide death of an employee lawyer at the Coroners Court of Victoria.

Background of the Case

CSV is a statutory body that provides essential services and facilities to Victoria's courts, including the Coroners Court of Victoria. Between 2015 and 2018, the workplace at the Coroners Court was rife with issues that significantly impacted the mental health of its employees. Complaints included exposure to traumatic materials, excessive workloads, role conflicts, and a toxic culture characterized by bullying, favouritism, verbal abuse, and derogatory comments from supervisors.

A 2015 Staff Cultural and Engagement Review revealed a "poor workplace culture, very low morale, and unaddressed inappropriate behaviour." Despite these findings, the issues persisted, leading to severe psychological harm among employees. Many workers reported feeling stressed, anxious, or humiliated, with some taking extended personal leave due to these conditions. The most tragic outcome of this toxic environment was the suicide of a Principal in-house solicitor in September 2018. The in-house solicitor, who had been diagnosed with work-related major depressive disorder and insomnia, took her life after being overwhelmed by her workload and the lack of support from her superiors.

CSV admitted to failing to identify and assess the psychological risks present in the workplace. The Magistrate's Court of Victoria found CSV's negligence to be of high culpability, with Magistrate Glenn Walsh indicating that he would have imposed a harsher penalty if the law had allowed. The prosecution against CSV highlighted the gravity of the situation and the need for employers to take their duty of care seriously.

Key Takeaways for Employers

The CSV case illustrates several crucial lessons for employers and Persons Conducting a Business or Undertaking (PCBUs):

1. Comprehensive Risk Management: Employers must develop and maintain robust models for managing psychosocial hazards. These models should be regularly reviewed and updated to reflect changes in the workplace environment and the latest regulatory standards.
2. Proactive Monitoring: Regular assessment of job-related stressors, such as workload and exposure to traumatic content, is essential. Employers should ensure that no employee is burdened with excessive duties or placed in harmful situations without appropriate support.
3. Supportive Workplace Culture: Creating a culture where employees feel safe to discuss their mental health concerns is vital. Employers should provide confidential mechanisms, such as Employee Assistance Programs, where employees can seek help without fear of reprisal.
4. Direct Engagement with Employees: Engaging directly with employees to understand the psychosocial risks they face is critical. Employers should take all complaints seriously and act swiftly to address any issues that arise.

A Focus on Psychosocial Safety

This case provides a confronting reminder that organizations are responsible for providing a safe workplace, and the consequences of failing to manage psychosocial risks can be devastating. Now is the time for organizations to ensure the effectiveness of their existing frameworks for identifying, assessing, controlling, and monitoring psychosocial hazards in their workplaces, including consulting with their workers, and prioritizing the implementation of any required safeguards.

Employers must recognize that the duty of care extends beyond preventing physical harm to also include safeguarding employees' psychological well-being. By taking proactive steps to manage psychosocial hazards, employers can create a safer, more supportive work environment and avoid the tragic outcomes seen in the CSV case.

19 October 2023 - A statement issued by Court Services Victoria includes:

Court Services Victoria (CSV) has been properly held to account for its breach of the Occupational Health and Safety Act 2004 between 2015 and 2018. CSV pleaded guilty to the breach and has today been sentenced for its failure to properly identify and assess risks in relation to the psychological wellbeing of employees. CSV has made significant changes since 2018.