❓ Hon. Stephen Dawson questions the Minister for Mental Health regarding reported sexual assaults in psychiatric hospitals, reporting procedures, and investigation responsibilities. The Minister provides data, clarifies policy, and tables relevant documents.
AnsweredQoN 720Legislative Council
QuestionView source ↗
MENTAL
HEALTH — ALLEGED PSYCHIATRIC HOSPITAL ATTACK
720. Hon STEPHEN DAWSON to the
Minister for Mental Health:
I refer to question without notice 698 asked on Wednesday, 25
June.
(1) For each of
2011–12, 2012–13 and 2013–14, can the minister advise
how many assaults were reported to —
(a) the Chief Psychiatrist; and
(b) WA Police?
(2) Is it standard practice to report every alleged sexual
assault to the police; and, if not, why not?
(3) Who is responsible for the
initial investigation of any alleged sexual assault on —
(a) a staff member;
(b) a patient; and
(c) a visitor?
(4) Will the
minister table a copy of any policy document or circular that outlines how and
why matters of alleged sexual assault are to be reported to the Chief
Psychiatrist?
(5) If no to (4), why not?
HEALTH — ALLEGED PSYCHIATRIC HOSPITAL ATTACK
720. Hon STEPHEN DAWSON to the
Minister for Mental Health:
I refer to question without notice 698 asked on Wednesday, 25
June.
(1) For each of
2011–12, 2012–13 and 2013–14, can the minister advise
how many assaults were reported to —
(a) the Chief Psychiatrist; and
(b) WA Police?
(2) Is it standard practice to report every alleged sexual
assault to the police; and, if not, why not?
(3) Who is responsible for the
initial investigation of any alleged sexual assault on —
(a) a staff member;
(b) a patient; and
(c) a visitor?
(4) Will the
minister table a copy of any policy document or circular that outlines how and
why matters of alleged sexual assault are to be reported to the Chief
Psychiatrist?
(5) If no to (4), why not?
AnswerView source ↗
I thank the member for some notice of this question.
(1) (a) The
number of alleged sexual assaults, whether substantiated or otherwise, reported
to the Chief Psychiatrist are as follows: 2011–12, five; 2012–13,
13; and 2013–14, 20.
(b) No figures
are available on the number of alleged assaults reported to Western Australia Police.
The Chief Psychiatrist requests advice regarding police involvement, but
currently data return is inconsistent because police involvement may occur only
after the sentinel event notification has been made to the Chief Psychiatrist.
(2) The
Department of Health's ''Responding to an Allegation of Sexual
Assault Disclosed within a Public Mental Health Service'' policy of 2012
articulates and guides the process for reporting. The policy is explicit in its
statement that sexual assault is a crime and the involvement of the police must
be considered; however, it must always be a decision that is driven by the
alleged victim or, in the absence of their ability to consent, the urgent
appointment of a guardian who can make such a decision. Patients are advised of
their right to a forensic examination and police involvement if they choose,
and are to be supported in this process. In each instance of an allegation of
sexual assault, the patient's right to personal control is supported
and encouraged. In instances in which there is an allegation of sexual assault
and the patient lacks capacity for informed decision-making, the treating team
must involve the Office of the Public Advocate for an urgent appointment of a
guardian who is then responsible for advocating and representing the interests
of the patient.
If Mental health services staff
report to WA Police without the consent of the alleged victim, it may
constitute a breach of confidentiality and can potentially lead to action taken
against the staff member or the MHS where the staff member is employed. Staff
may report the matter to the police if they believe it to be in the public
interest, but staff must seek legal advice prior to reporting to police. The police
are advised if the patient lacks capacity to make informed decisions.
(3) (a)–(c)
In all instances, the person in charge of the mental health ward area is
responsible for the initial review and investigation, and will, in turn,
involve the service manager and the clinical head of service as required.
Services are obligated to report all allegations of sexual assault to the Chief
Psychiatrist.
(4) Yes; I
table a copy of the Department of Health policy ''Responding to an
Allegation of Sexual Assault Disclosed Within a Public Mental Health Service''
of 2012. Further, the Chief Psychiatrist sent a letter to all area health
service directors on 24 April 2014, highlighting the importance of addressing
this issue appropriately, educating staff in trauma-informed care, and the
importance of reporting all incidents to the Chief Psychiatrist. A copy of the
guidelines accompanied the letter, with a request that they be distributed to
all staff.
(5) Not applicable.
[See paper 1656.]
(1) (a) The
number of alleged sexual assaults, whether substantiated or otherwise, reported
to the Chief Psychiatrist are as follows: 2011–12, five; 2012–13,
13; and 2013–14, 20.
(b) No figures
are available on the number of alleged assaults reported to Western Australia Police.
The Chief Psychiatrist requests advice regarding police involvement, but
currently data return is inconsistent because police involvement may occur only
after the sentinel event notification has been made to the Chief Psychiatrist.
(2) The
Department of Health's ''Responding to an Allegation of Sexual
Assault Disclosed within a Public Mental Health Service'' policy of 2012
articulates and guides the process for reporting. The policy is explicit in its
statement that sexual assault is a crime and the involvement of the police must
be considered; however, it must always be a decision that is driven by the
alleged victim or, in the absence of their ability to consent, the urgent
appointment of a guardian who can make such a decision. Patients are advised of
their right to a forensic examination and police involvement if they choose,
and are to be supported in this process. In each instance of an allegation of
sexual assault, the patient's right to personal control is supported
and encouraged. In instances in which there is an allegation of sexual assault
and the patient lacks capacity for informed decision-making, the treating team
must involve the Office of the Public Advocate for an urgent appointment of a
guardian who is then responsible for advocating and representing the interests
of the patient.
If Mental health services staff
report to WA Police without the consent of the alleged victim, it may
constitute a breach of confidentiality and can potentially lead to action taken
against the staff member or the MHS where the staff member is employed. Staff
may report the matter to the police if they believe it to be in the public
interest, but staff must seek legal advice prior to reporting to police. The police
are advised if the patient lacks capacity to make informed decisions.
(3) (a)–(c)
In all instances, the person in charge of the mental health ward area is
responsible for the initial review and investigation, and will, in turn,
involve the service manager and the clinical head of service as required.
Services are obligated to report all allegations of sexual assault to the Chief
Psychiatrist.
(4) Yes; I
table a copy of the Department of Health policy ''Responding to an
Allegation of Sexual Assault Disclosed Within a Public Mental Health Service''
of 2012. Further, the Chief Psychiatrist sent a letter to all area health
service directors on 24 April 2014, highlighting the importance of addressing
this issue appropriately, educating staff in trauma-informed care, and the
importance of reporting all incidents to the Chief Psychiatrist. A copy of the
guidelines accompanied the letter, with a request that they be distributed to
all staff.
(5) Not applicable.
[See paper 1656.]
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