Tragic twist: Clare Nowland's death exposes non-compliant facility post-alleged taser incident
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The tasering of 95-year-old grandmother Clare Nowland, a dementia care patient at Yallambee Lodge in Cooma, southern NSW, earlier this year prompted Australians to swiftly call for answers.
Ms Nowland was reportedly hit with a Taser by Senior Constable Kristian White on May 17 at the facility.
A week after sustaining head injuries, she passed away in the hospital with some of her eight children, 24 grandchildren, and 30 great-grandchildren by her side.
An unannounced assessment conducted by the Aged Care Quality and Safety Commission at the facility on June 5 revealed shocking details about Yallambee Lodge.
Last month, it was reported that the Yallambee Lodge’s risk management systems and practices were found to be non-compliant.
It was also revealed that a ‘separate incident’ had occurred the same month Ms Nowland had been tasered, which was what sparked the performance audit.
While details were limited, the report classified the incident as a ‘priority one’ matter.
NSW Health explained that a ‘priority one’ indicated the potential for ‘physical or psychological harm and discomfort that would usually require some form of medical or psychological treatment’ and a situation that warranted ‘reasonable grounds to report the incident to police’.
The report said the facility had not finalised its investigation into the incident.
In addition to being ruled as non-compliant, Yallambee Lodge was found to have inadequately reported the matter to the commission.
‘This is evidenced by the provider not meeting mandatory Serious Incident Response Scheme (SIRS) notification and reporting requirements for a Priority 1 notifiable incident occurring in May 2023,’ the report read.
The commission pointed out ‘gaps in the service’s internal incident investigation and reporting in relation to the notifiable incident’.
They separately noted that the facility did not always ‘identify’ and ‘respond’ to reports of abuse and neglect of consumers. It also had areas of concern.
Yallambee Lodge informed the Aged Care Quality and Safety Commission that it is undertaking a review and improvement of its services, including care delivery and incident reporting, in response to the audit.
Concurrently, Ms Nowland’s family initiated civil proceedings against the state government following her demise.
In the filed statement of claim, the executor of Ms Nowland’s estate contended that NSW Police behaved unreasonably, attempting to downplay the incident in front of Yallambee Lodge staff.
Constable White, who allegedly fired the taser, is separately facing criminal charges, including recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault in the Local Court related to the incident.
Neither Constable White nor his fellow officer, Sergeant Rachel Pank, are named as defendants in the civil case.
The court document provided a detailed account of the events on the early morning of May 17 when Ms Nowland was tased while holding a knife and using her walking frame.
Constable White has been suspended from the police force with pay, while Sergeant Pank is not facing criminal charges related to the incident.
In their lawsuit, the Nowlands alleged that the taser was discharged in violation of police guidelines and that Sergeant Pank, as the senior officer, failed to instruct her colleague not to use the weapon on the elderly woman.
Senior constable faces court over taser death of Clare Nowland. Video source: 7 News Australia
Police have assigned a critical incident team to investigate the matter, and the incident will undergo independent review.
The Nowland family is seeking damages over Clare’s death, including expenses for the funeral and wake, loss of financial support, damages for the curtailment of the expectation of life, and loss of financial support.
The NSW District Court has the authority to award damages of up to $1.2 million in civil cases.
The Downing Centre District Court adjourned the case to 26 October.
According to court documents, Senior Constable Kristian White allegedly fired a taser on Clare Nowland after warning her four times to stop moving on her walker.
Ms Nowland described as ‘of a frail stature’ and using a walker for mobility, had reportedly remained stationary with a raised knife before the incident.
The documents claimed that she had entered residents’ rooms with two kitchen knives.
The incident, occurring around 3:10 a.m., led to unsuccessful attempts to contact Ms Nowland's family before paramedics were called.
In 2008, ABC captured a heartwarming moment featuring Clare Nowland, a great-grandmother, as she celebrated her 80th birthday by skydiving.
Members, what actions do you believe the authorities should take to ensure such incidents don’t recur in nursing homes? Share your thoughts and comments below!
Ms Nowland was reportedly hit with a Taser by Senior Constable Kristian White on May 17 at the facility.
A week after sustaining head injuries, she passed away in the hospital with some of her eight children, 24 grandchildren, and 30 great-grandchildren by her side.
An unannounced assessment conducted by the Aged Care Quality and Safety Commission at the facility on June 5 revealed shocking details about Yallambee Lodge.
Last month, it was reported that the Yallambee Lodge’s risk management systems and practices were found to be non-compliant.
It was also revealed that a ‘separate incident’ had occurred the same month Ms Nowland had been tasered, which was what sparked the performance audit.
While details were limited, the report classified the incident as a ‘priority one’ matter.
Clare Nowland, 95, who resided at Yallambee Lodge in Cooma, was tased by police. Image source: The Sydney Morning Herald/Alex Ellinghausen
NSW Health explained that a ‘priority one’ indicated the potential for ‘physical or psychological harm and discomfort that would usually require some form of medical or psychological treatment’ and a situation that warranted ‘reasonable grounds to report the incident to police’.
The report said the facility had not finalised its investigation into the incident.
In addition to being ruled as non-compliant, Yallambee Lodge was found to have inadequately reported the matter to the commission.
‘This is evidenced by the provider not meeting mandatory Serious Incident Response Scheme (SIRS) notification and reporting requirements for a Priority 1 notifiable incident occurring in May 2023,’ the report read.
The commission pointed out ‘gaps in the service’s internal incident investigation and reporting in relation to the notifiable incident’.
They separately noted that the facility did not always ‘identify’ and ‘respond’ to reports of abuse and neglect of consumers. It also had areas of concern.
Yallambee Lodge informed the Aged Care Quality and Safety Commission that it is undertaking a review and improvement of its services, including care delivery and incident reporting, in response to the audit.
Concurrently, Ms Nowland’s family initiated civil proceedings against the state government following her demise.
In the filed statement of claim, the executor of Ms Nowland’s estate contended that NSW Police behaved unreasonably, attempting to downplay the incident in front of Yallambee Lodge staff.
Constable White, who allegedly fired the taser, is separately facing criminal charges, including recklessly causing grievous bodily harm, assault occasioning actual bodily harm, and common assault in the Local Court related to the incident.
Neither Constable White nor his fellow officer, Sergeant Rachel Pank, are named as defendants in the civil case.
The court document provided a detailed account of the events on the early morning of May 17 when Ms Nowland was tased while holding a knife and using her walking frame.
Constable White has been suspended from the police force with pay, while Sergeant Pank is not facing criminal charges related to the incident.
In their lawsuit, the Nowlands alleged that the taser was discharged in violation of police guidelines and that Sergeant Pank, as the senior officer, failed to instruct her colleague not to use the weapon on the elderly woman.
Senior constable faces court over taser death of Clare Nowland. Video source: 7 News Australia
Police have assigned a critical incident team to investigate the matter, and the incident will undergo independent review.
The Nowland family is seeking damages over Clare’s death, including expenses for the funeral and wake, loss of financial support, damages for the curtailment of the expectation of life, and loss of financial support.
The NSW District Court has the authority to award damages of up to $1.2 million in civil cases.
The Downing Centre District Court adjourned the case to 26 October.
According to court documents, Senior Constable Kristian White allegedly fired a taser on Clare Nowland after warning her four times to stop moving on her walker.
Ms Nowland described as ‘of a frail stature’ and using a walker for mobility, had reportedly remained stationary with a raised knife before the incident.
The documents claimed that she had entered residents’ rooms with two kitchen knives.
The incident, occurring around 3:10 a.m., led to unsuccessful attempts to contact Ms Nowland's family before paramedics were called.
In 2008, ABC captured a heartwarming moment featuring Clare Nowland, a great-grandmother, as she celebrated her 80th birthday by skydiving.
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