❓ A parliamentary question regarding the transfer of Neville van Haeften to Fremantle Hospital for tests and assessments, focusing on consent and its potential withdrawal by his legal guardians.
AnsweredQoN 563Legislative Council
QuestionView source ↗
NEVILLE VAN HAEFTEN
Further to the answer to question on notice 6137 on 6 May 2008 regarding the consent for Mr Neville van Haeften to be transferred to Fremantle Hospital to be subjected to various tests and assessments — (1) On what date did the family members agree to the transfer and assessments? (2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY
Further to the answer to question on notice 6137 on 6 May 2008 regarding the consent for Mr Neville van Haeften to be transferred to Fremantle Hospital to be subjected to various tests and assessments — (1) On what date did the family members agree to the transfer and assessments? (2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(1) On what date did the family members agree to the transfer and assessments? (2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(1) On what date did the family members agree to the transfer and assessments? (2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(2) Was this agreement in writing; and, if so, will the minister please table the written consent? (3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(3) Does the minister deny that by 6 October 2005 both Ms Van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls Mental Health Rehabilitation Hostel stating that under no circumstances was Neville to be removed from the hostel? (4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(4) Does the minister deny that if verbal consent had initially been given and then subsequently withdrawn by the legal guardian then the latter direction should prevail? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
I thank the honourable member for some notice of the question. (1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(1)-(2) At a meeting between Ms van Haeften, Mrs Maumill, the late Dr Mark Rooney, Executive Director of Mental Health, South Metropolitan Mental Health Service, and senior Armadale Mental Health Service staff on 16 September 2005, a verbal agreement was made. Although the agreement was not in writing, the meeting was mentioned in subsequent correspondence dated 7 October 2005 from Dr Rooney to Ms van Haeften. (3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(3) By 6 October 2005, both Ms van Haeften and Mrs Maumill had made contact with the staff at Whitby Falls hostel, raising their concerns about the transfer and assessment. (4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
(4) Generally at law, a competent patient or the patient’s substitute decision maker such as a guardian can withdraw a valid consent, whether verbal or written, at any time prior to or even during treatment. However, the application of the legal principle will always be dependent on all the facts of the particular matter. Issues such as the best interests of patients in terms of their health and welfare must be considered. Without knowledge of all the particular facts of this matter, it is very difficult to answer any more definitively than this.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.