St Basil’s federal and state governments were vastly at odds when it came to the crisis that unfolded at St Basil’s Home for the Aged at Fawkner.

Emails uncovered into the Coronial Inquest into the deaths of 50 residents showed that the night before the decision to stand down St Basil’s staff, Australia’s Prime Minister Scott Morrison and Health Minister Greg Hunt expected that residents could be sent to private hospitals.

On Friday, Chief Health Officer Brett Sutton was asked if the expectations of the federal government could be viable following Aged Care Deputy Secretary Nick Harland’s email on the eve of 21 July stating that the Prime Minister and Health Minister were expecting this to be offered, however he was told that moving residents was “not the preferred approach”.

“I am not the hospital steward, and I am certainly not the steward of private hospitals,” Mr Sutton told court.

The court heard that Prof Sutton personally endorsed the decision to furlough staff at St Basil’s, but he did not have all the “bits of information” important for the residents’ welfare at the time.

“I accept that there is additional evidence that could have been brought to my attention,” he told Victoria’s Coroners Court.

Prof Sutton was given evidence showing his personal agreement to the furlough of staff, however it was given on the provision for adequate replacement workers.

“I understood it to be critical and necessary,” he said, adding that he relied on briefings by public health commander Finn Romanes without attending any of St Basil’s meetings.

During his appearance in court, Prof Sutton was critical of St Basil’s management. “There was a refusal to follow the direction (for furlough) given on the 19th (July),” he said, however evidence was presented that this refusal did not cause delays.

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Asked if he accepted that work went ahead for the replacement of staff for 22 July regardless of resistance by St Basil’s, Prof Sutton said he could not “definitively” say that St Basil’s was to blame for delays in the implementation of the surge workforce.

“I cannot confirm that it definitely led to a delayed transition to the surge workforce,” he told the court, however he stood by the “likelihood of less cases had (St Basil’s Chairman Kon) Kontis immediately agreed to comply”.
Prof Sutton said he was not told that there was going to be a “fundamental problem” with the replacement, however he did not ask if there would be a problem and this was information that Dr Romanes did not volunteer any information.

“He inferred by implication in his emails that it was on schedule to have a workforce by the 22nd,” he said. The shortage of the surge workforce which replaced regular staff represented almost half of the 66 workers needed to cover shifts at St Basil’s on 22 July last year, the day in which St Basil’s staff were sent home.

An email from Neil Callagher, who headed the Commonwealth’s Aged Care COVID-19 Implementation Branch, stated: “Standing up a full workforce by tomorrow from our resources is increasingly unlikely.”

Last week, the court heard Mr Callagher was not in favour of the Victorian government’s decision to replace all staff, however the replacement took place and resulted in missed meals and medication, residents sitting soiled and greatly neglected from 22 July onward.

Prof Sutton said he was not told that there was going to be a “fundamental problem” with the replacement, however he did not ask if there would be a problem and this was information that Dr Romanes did not volunteer any information.

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“He inferred by implication in his emails that it was on schedule to have a workforce by the 22nd,” he said, adding that no obstacles were flagged.

When replacement staff was brought in, there were 40 infected residents earmarked for hospital, however the plan to move them was delayed by two days after the nation’s top nurse, Prof Alison McMillan was sent to St Basil’s on 22 July and reported it was “fit for purpose” without adequately inspecting the facilities.