Key points
- Paramedic Tony Jenkins took his own life on April 9, 2018, the same day as being accused of misusing the drug fentanyl.
- NSW Ambulance pleaded guilty earlier this week to failing in its duty of care to Jenkins by failing to oversee the proper handling of drugs including fentanyl.
- Jenkins did not have fentanyl in his system when he died, autopsy results heard in court revealed.
The morning before he took his own life, Tony Jenkins was looking at accommodation for an upcoming overseas holiday. The paramedic was a planner, his wife Sharon recalls, and when she waved goodbye to him from the garage, she could not have known it would be the last time she’d see him.
“His persona that day was exactly as it always is, he was a very happy-go-lucky sort of guy … a real jokester,” she said. “It says a lot about how that day went for him, and how he felt that was his only option.”
Tony Jenkins with his wife, Sharon and daughters Kim (left) and Cidney (right).
Easter Sunday marks five years since Tony Jenkins was pulled into a meeting with NSW Ambulance and accused of misusing the highly potent synthetic opioid fentanyl. He was allowed to leave the meeting alone, hours before his shift was supposed to end, and died by suicide a short time later.
On Tuesday, NSW Ambulance pleaded guilty in Sydney District Court to a criminal breach of section 19 of the Work Health and Safety Act, admitting it had failed in its duty of care to the paramedic of 28 years by failing to properly oversee the handling of restricted drugs, including fentanyl.
The maximum penalty an organisation can receive under the Act is $500,000.
Jenkins did not have fentanyl in his system when he died, autopsy results heard in court revealed.
‘Tony asked for help the day that he died. He was clearly in need of support … and that help wasn’t forthcoming.’
The court heard NSW Ambulance failed to adhere to policies and procedures related to the safe storage, record-keeping, and disposal of restricted drugs. This included failing to ensure employees were witnessed when handling restricted drugs, and failing to conduct unannounced audits of tampered vials.
Prosecutors told the court compliance with restricted drugs procedures had been found to be inconsistent in the Newcastle zone, and argued the offence was in the medium range.
Lawyers for NSW Ambulance told the court the agency had introduced changes to its safety procedures and policies in 2020 to more strictly record the use of fentanyl and the extent to which it is discarded. Defence argued the agency had taken steps to address the issues and the offence was in the low range.
Lake Macquarie paramedic Tony Jenkins.Credit:
Judge Wendy Strathdee reserved her judgment on the penalty to a future date, which has not been finalised.
Jenkins’ nephew Shayne Connell, who is also the chief executive of suicide prevention organisation LivingWorks, told the Herald on Tuesday it was “pretty significant” that a NSW government agency had pleaded guilty in a court case relating to the suicide of an employee.
“Tony asked for help the day that he died. He was clearly in need of support … and that help wasn’t forthcoming,” he said.
Jenkins was affected by the job, and suffered from post-traumatic stress disorder, but his family says he had always sought help.
“Picking up an old person to go into palliative care – those sorts of things really affected Tone,” Sharon Jenkins said. “But he talked, and he was active at work with speaking out.”
Gerard Hayes, the secretary of the Health Services Union and a former paramedic, said Jenkins was not the last serving paramedic to die by suicide and the pressure on frontline service workers had only grown.
“This is significant, for [NSW Ambulance] to basically say they’ve failed to live up to the standards they signed up to,” he said. “This is an opportunity now to look at that total engagement … to ensure that best practice is there. You can’t plead guilty twice.”
A spokesperson for NSW Ambulance said it extended its sympathies to the Jenkins family, but it would not be appropriate to comment further as the plea is still being considered by the court.
NSW Health Minister Ryan Park said he had been briefed about the tragic circumstances of Jenkins’ death, but that it would be inappropriate to comment further while proceedings remain on foot.
Health Minister Ryan Park.Credit: Kate Geraghty
Labor has committed to spend $150 million on 500 new regional and rural paramedics. It has also committed to introducing minimum and enforceable safe staffing levels in public hospitals, with 1200 new nurses.
Sharon Jenkins said that, after five years of campaigning, the onus is on NSW Ambulance and a new government to deliver on their promise to take better care of their paramedics.
“That’s a job for them,” she said. “It becomes unhealthy for us after a while. We have to try to just get on with our lives.”
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