THE tragic circumstances of the deaths of an eight-year-old boy and his carer who were struck by a truck on the M1 Freeway four years ago have been aired in the District Court.
The 27-year-old support worker, Rachel Martin, was pregnant when the incident occurred near Cameron Park on a Sunday afternoon in November, 2017.
She was accompanying the eight-year-old from Thornton, where he had been in respite care, to his foster carer's home on the Central Coast. Witnesses saw the boy running on the road with Ms Martin running after him before they were both hit.
The child had level 3 Autism and a global developmental delay and was known for escaping from his car seat and trying to jump out of moving vehicles.
However, a communication breakdown and multiple system failures meant that this information was not shared with the relevant people to ensure he was properly restrained, and that he was travelling with a carer sitting next to him.
Both Ms Martin's employer, SNAP programs, a community-based organisation and registered charity, and the Department of Communities and Justice, formerly Family and Community Services, pleaded guilty to offences including exposing the child and workers to a risk of serious death of injury in the District Court.
Judge Andrew Scotting said Ms Martin should be publicly commended for her bravery in pursuing the boy after he escaped from the car.
"She acted without regard for her own safety to try to save (his) life," he said. "She showed extraordinary courage in doing so."
The distress of the 57-year-old truck driver, and the grief and loss of Ms Martin's fellow workers and the family and carers of the eight-year-old boy known for being "happy and cheeky", were also acknowledged.
Neither Ms Martin, nor any other staff member from SNAP, had seen an updated copy of the child's file which noted that he had targeted behaviour of "getting out of his car seat whilst travelling" in a vehicle, the judgement said.
His "developmental delay indicates that he does not understand social/sociatal/safety rules. This is clear when he attempts to get out of his car seat and/or a moving vehicle" the file said.
The file goes on to say that he needed a carer seated next to him whenever he travels, and if he escapes his car seat, which had to be fitted with a "Houdini Strap", the vehicle needed to be in a safe location before attempting to put him back into his car seat.
FACS knew for about two weeks that the child was being placed with SNAP for respite care but it did not forward the appropriate documents.
Rather than having the opportunity to carefully plan for the boy's care, and to provide adequate staff for his care, SNAP arrived at the start of the respite placement without knowing the crucial safety information that it needed.
An internal review conducted by the Department of Communities and Justice found the transfer of his care was rushed. Department staff did not know the child, did not know his foster carer, had a limited understanding of the child's needs, and were unable to provide SNAP with the relevant information.
Judge Scotting said it was appropriate to impose penalties significantly more lenient than would apply in a commercial setting. SNAP programs was fined $90,000 plus costs of $75,000, while the Department of Communities and Justice was fined $150,000, plus costs of $70,000.
