❓ Dr. Pettitt questions the accountability and consequences for practitioners who incorrectly refer individuals for involuntary mental health treatment under the Mental Health Act 2014. The response outlines complaint procedures and potential actions, including police involvement for offences.
AnsweredQoN 1985Legislative Council
QuestionView source ↗
With regard to the Mental Health Act 2014 , a referral for examination under Section 26(2) of the Act is because it is suspected that the person requires 'involuntary admission' for treatment of a mental illness. The referral requires that the five criteria contained within Section 25 are fully met to make this referral lawful. In completing the referral, the medical practitioner or authorised mental health practitioner must then sign a declaration that all of the criteria have been met, and I ask: (a) who is responsible for investigating a practitioner who refers someone who does not meet the criteria for a referral; and (b) what actions can be taken if an investigation finds the patient failed to meet the criteria for referral?
AnswerView source ↗
Answered
7 May 2024
Responded by
Parliamentary Secretary to the Minister for Health
Response time
4 days
(a) The Mental Health Act 2014 (the Act) requires all mental health service providers to have a procedure in place for investigating any complaint. The Act also details responsibilities of the Health and Disability Services Complaints Office (HaDSCO) as the independent Statutory Authority responsible for providing an impartial resolution service for complaints referred to them in regard to mental health services. HaDSCO may in some cases refer the case to the WA Police Force.
(b) Actions can include negotiated settlement, conciliation, investigation, or requiring a health service provider or person to take remedial action(s) specified by the Director of HaDSCO, such as an apology to the consumer, refund of fees, further investigation, or service improvement to prevent issues from reoccurring (for example, staff education and training or the introduction of new policies and procedures).
If the investigation finds that an offence has occurred, WA Police Force may undertake prosecution of the offences.
(b) Actions can include negotiated settlement, conciliation, investigation, or requiring a health service provider or person to take remedial action(s) specified by the Director of HaDSCO, such as an apology to the consumer, refund of fees, further investigation, or service improvement to prevent issues from reoccurring (for example, staff education and training or the introduction of new policies and procedures).
If the investigation finds that an offence has occurred, WA Police Force may undertake prosecution of the offences.
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