❓ Hon. Ravlich questions the legality of actions performed by overseas-qualified psychiatrists with conditional registration under the Mental Health Act. The Minister acknowledges a technical issue and proposes a bill to validate past decisions.
AnsweredQoN 840Legislative Council
QuestionView source ↗
OVERSEAS-QUALIFIED
PSYCHIATRISTS — SPECIALIST REGISTRATION
840. Hon LJILJANNA RAVLICH to the Minister for Mental
Health:
I refer to the overseas-qualified psychiatrists employed in
Western Australia who hold a conditional or restricted registration, and the
advice provided to the minister by the State Solicitor that the operation of
the Mental Health Act precludes medical practitioners with limited registration
from performing the functions of a psychiatrist under the Mental Health Act,
and that only those with specialist registration are able to perform these
functions.
(1) Can the
minister confirm that since 18 October 2010 up to 30 psychiatrists who have
only a conditional or restricted registration have —
(a) detained
involuntary patients in authorised hospitals around the state without any legal
right to do so;
(b) supervised
involuntary patients on community treatment orders without any legal right to
do so;
(c) been
performing acts, such as approving and administering certain classes of drugs
to mental health patients as prescribed in the Poisons Regulations 1965 without
any legal right to do so?
(2) Can the
minister explain why overseas psychiatrists on conditional or restricted
registration were allowed to perform these functions in contravention of the
Mental Health Act?
PSYCHIATRISTS — SPECIALIST REGISTRATION
840. Hon LJILJANNA RAVLICH to the Minister for Mental
Health:
I refer to the overseas-qualified psychiatrists employed in
Western Australia who hold a conditional or restricted registration, and the
advice provided to the minister by the State Solicitor that the operation of
the Mental Health Act precludes medical practitioners with limited registration
from performing the functions of a psychiatrist under the Mental Health Act,
and that only those with specialist registration are able to perform these
functions.
(1) Can the
minister confirm that since 18 October 2010 up to 30 psychiatrists who have
only a conditional or restricted registration have —
(a) detained
involuntary patients in authorised hospitals around the state without any legal
right to do so;
(b) supervised
involuntary patients on community treatment orders without any legal right to
do so;
(c) been
performing acts, such as approving and administering certain classes of drugs
to mental health patients as prescribed in the Poisons Regulations 1965 without
any legal right to do so?
(2) Can the
minister explain why overseas psychiatrists on conditional or restricted
registration were allowed to perform these functions in contravention of the
Mental Health Act?
AnswerView source ↗
(1)–(2) Obviously I cannot remember
all of the question, because I do not have a copy in front of me. I know that
Hon Ljiljanna Ravlich received a briefing on this matter during which the
questions she has asked were answered. The bill I was about to read in before
the afternoon tea break will validate all the decisions that have been made by
psychiatrists over the past two years. The issue is that when the
national registration practitioner regulations were put in place, the
consequential amendment of those regulations in Western Australia affected the
ability under the Western Australian Mental Health Act to recognise conditional
registration for psychiatrists, even though those people have had their
qualifications approved by the Royal Australian and New Zealand College of
Psychiatrists and are deemed competent and capable. It is a pure technicality
that some consequential amendments have changed the Mental Health Act so that
the Mental Health Act in turn was unable to recognise those conditional
registrations. People have been working in this capacity well and truly before
the national registration regulations were put in place, they are continuing to
do so, and they will continue to do so afterwards. The member has been given a
very comprehensive briefing on this.
Hon Ljiljanna Ravlich : You have not answered one question—because
you do not know the answer!
Hon HELEN MORTON : We should be absolutely clear that
absolutely no concern is being expressed about these qualifications.
all of the question, because I do not have a copy in front of me. I know that
Hon Ljiljanna Ravlich received a briefing on this matter during which the
questions she has asked were answered. The bill I was about to read in before
the afternoon tea break will validate all the decisions that have been made by
psychiatrists over the past two years. The issue is that when the
national registration practitioner regulations were put in place, the
consequential amendment of those regulations in Western Australia affected the
ability under the Western Australian Mental Health Act to recognise conditional
registration for psychiatrists, even though those people have had their
qualifications approved by the Royal Australian and New Zealand College of
Psychiatrists and are deemed competent and capable. It is a pure technicality
that some consequential amendments have changed the Mental Health Act so that
the Mental Health Act in turn was unable to recognise those conditional
registrations. People have been working in this capacity well and truly before
the national registration regulations were put in place, they are continuing to
do so, and they will continue to do so afterwards. The member has been given a
very comprehensive briefing on this.
Hon Ljiljanna Ravlich : You have not answered one question—because
you do not know the answer!
Hon HELEN MORTON : We should be absolutely clear that
absolutely no concern is being expressed about these qualifications.
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