A 68-year-old man who indecently assaulted seven young women employed as his NDIS-funded carers has received a 12-month suspended prison sentence.
Brian John Odlum, of Mandurah, was convicted earlier this year of seven counts of indecent assault and four counts of common assault, involving incidents of inappropriate behaviour that spanned six years, from 2017 to 2023.
Odlum’s victims, many of whom were in their late teens or early 20s, were employed by him to assist with his care needs. The assaults occurred within his home, where he had significant control over the young women, dictating their hours, rates of pay, and continued employment.
In sentencing Odlum, Magistrate Richard Huston highlighted the seriousness of the offences, noting that the victims were particularly vulnerable due to their youth, isolation, and their dependence on Odlum for their income.
“These young women were vulnerable because of the control Mr Odlum had over their working lives,” Magistrate Huston stated. He emphasised that Odlum’s behaviour was not only inappropriate but deeply damaging to his carers.
The court heard testimony from all seven victims, with Magistrate Huston praising their strength and character. “I found the witnesses to be utterly impressive, each of them remained dedicated to their work despite the mistreatment they endured,” he said.
He rejected Odlum’s claims that the women were dishonest, instead finding their evidence consistent and credible throughout the trial.
The assaults included unwanted physical contact and inappropriate remarks, incidents that Odlum reportedly dismissed as harmless. Despite this, the court was told that Odlum still showed no remorse, with Magistrate Huston expressing astonishment at his continued denial of responsibility.
“The absence of remorse given the testimony of the victims is astonishing,” the magistrate remarked, adding that Odlum failed to grasp the significant impact his actions had on these young women.
During sentencing, Odlum’s defence argued that his actions were a result of his overwhelming life circumstances, citing his physical disability due to polio and a challenging upbringing.
Defence counsel Alan Camp noted that Odlum had voluntarily implemented restrictions on his employment practices by only hiring women over 25. However, Magistrate Huston dismissed the relevance of this, pointing out that age was not a factor in the offences and that the seriousness of the assaults could not be overlooked.
Prosecutors had called for a term of imprisonment, arguing that a custodial sentence was necessary given the gravity of the offences and Odlum’s continued lack of accountability. However, the magistrate opted for a suspended sentence, on the condition that Odlum undergo urgent counselling to address his behaviour.
“The need for you to understand that your actions are neither permissible nor banter is paramount,” Magistrate Huston warned. He further noted that Odlum’s health was deteriorating, and that he required significant care himself, factors which influenced the decision not to impose an immediate custodial sentence.
Outside the court, Odlum displayed no remorse when asked by reporters if he had any message for his victims, responding with a crude expletive.
The leniency of the sentence has sparked outrage, with many questioning whether justice was truly served for the victims, who had placed their trust in Odlum while caring for him in some of the most intimate and vulnerable capacities.
Victims’ advocates have expressed concern that the suspended sentence does little to acknowledge the trauma inflicted on the carers, many of whom are still grappling with the emotional consequences of Odlum’s actions.
While the magistrate mandated counselling as part of Odlum’s sentence, there are lingering fears that such a sentence may not be sufficient to deter future misconduct, particularly in settings where vulnerable workers are at the mercy of those they care for.
Odlum will remain under supervision as part of the conditions of his suspended sentence, with mandatory counselling aimed at addressing his behaviour.
Despite the outcome, the case has shed light on the vulnerability of NDIS carers, raising questions about their safety and the level of support they receive while working with individuals who hold significant power over their employment.
Perhaps we need to attach a warning to the files of NDIS clients such as this man.
We have a Banning Register for Workers now, I hope it will make a difference to the safety of vulnerable clients.
Could those same staff maintain a list of NDIS clients such as Brian John Odlum, of Mandurah, who clearly presents a danger to Support Workers and other in home support workers.
It may be that his support can only be provided by male workers and that is included in his NDIS Plan.