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Unanderra's Marco Polo nursing home is in hot water after it failed to report serious assault allegations to authorities.
The facility was issued with a non-compliance notice by the Department of Health and Ageing in January, claiming Marco Polo management had not reported a suspected sexual or serious physical assault, as required by law.
The department also claimed the nursing home had not taken reasonable steps to require staff members to also come forward with assault allegations.
A spokesman for Marco Polo said yesterday the notice had been issued after the facility failed to notify the department about an anonymous phone call, alleging inappropriate behaviour by a staff member.
A Department of Health and Ageing spokesperson said Marco Polo was required to report a suspected assault to the police and the department, which are then required to ensure the facility has taken appropriate steps to ensure residents' safety.
The spokesman said Marco Polo had submitted a report outlining its actions in addressing the non-compliance order, and was waiting for a response from the department.
The spokesman would not be drawn on whether the "staff member" was a carer who has been charged by police with repeatedly sexually assaulting an 82-year-old disabled patient.
He said the matter was before the court and he was not able to comment other than to say the department had been kept fully informed.
Horsley man Daniel Thomas Mooney, who is no longer working at the facility, was charged with aggravated sexual assault of a victim with a physical disability in November.
He allegedly sneaked into the elderly woman's room several times and molested her.
The 41-year-old was granted strict conditional bail by the Supreme Court on March 5 but was unable to meet the conditions and remains in custody.
He has also been ordered to stay away from the alleged victim, report to police and surrender his passport.
Mooney is set to re-appear in Wollongong Local Court on April 10.
The spokesman said Marco Polo had offered staff support and access to counselling after the allegations against Mooney were publicised.
The department spokesperson said Marco Polo would continue to be monitored.
If it failed to comply with the law, sanctions could be imposed.