❓ Question regarding the operation and safety of the Bennett Brook Disability Justice Centre, including resident numbers, offences, staffing, incidents, and staff safety concerns. The Minister provides some data but withholds specific details about residents' offences due to confidentiality laws.
AnsweredQoN 2381Legislative Council
QuestionView source ↗
I refer to Bennett Brook Disability Centre, and ask: (a) how many residents does the centre hold and, for each resident, what offences is each alleged to have committed; (b) how many staff and of what categories are at the centre; (c) have any of the residents, while at the centre: (i) escaped; (ii) assaulted or threatened staff; (iii) failed to comply with leave-of-absence conditions; and (iv) if yes to (i), (ii) or (iii), for each resident, on how many occasions; (d) has there been any complaint from any staff of fears for their safety: (i) if yes to (d), how many; (ii) from which staff; and (iii) how have those complaints been dealt with and with what result; and (e) what is the connection between the injunctions obtained by the Disability Services Commission and the conduct of residents at the centre?
AnswerView source ↗
Answered
17 September 2019
Responded by
Minister for Disability Services
Response time
9 days
(a) Currently, the Bennett Brook Disability Justice Centre (the Centre) holds three residents. The Centre has held a total of five residents. However, I will not be commenting on the circumstances of individual residents, including the offences with which they were charged. Having regard to the confidentiality regime created under the Declared Places (Mentally Impaired Accused) Act 2015 , in particular section 59, it is clear that Parliament's intent was to maintain confidentiality in information regarding residents. As a consequence, I will not be providing details regarding the offences with which the residents have been charged, and will notify the Auditor General accordingly.
(b) The following staff are employed within the Centre:
(c) (i) Yes. When a resident leaves the Centre without authorisation it is termed an ‘unauthorised absence’, in line with the Declared Places Mentally Impaired Accused Act 2015 . There have been three unauthorised absences from the Centre since it opened in August 2015; the last unauthorised absence was in May 2016. Following the unauthorised absence in May 2016, significant modifications to the security of the Centre were undertaken. This information has previously been released by the Department. Each of the unauthorised absences can be attributed to separate residents.
(ii) Yes. Since the Centre opened in August 2015, there have been 11 assaults resulting in workers’ compensation claims. This information has previously been released by the Department. One resident has been involved in ten incidents and one resident has been involved in one incident.
(iii) Yes. Since the Centre opened in August 2015, there have been eight incidences in which a resident did not adhere to the conditions of their leave of absence (LOA) order. This information has previously been released by the Department.
(iv)
(d) Safety (for both residents and staff) is an ongoing focus in the operations of the Centre. Staff have multiple avenues through which they can raise safety concerns, including a monthly Staff Safety Meeting. Urgent matters can be raised at any time with Centre Management. A number of safety issues have been raised at the monthly Safety Meetings and were subsequently resolved.
As previously advised, Worksafe issued three improvement notices relating to safety of staff in the Centre. These improvements were completed in May 2019. The specific matters at the centre of the Worksafe improvements were not previously raised by staff through any forum.
In May 2019, (the same month that all the Worksafe Improvement Notices were satisfied), all Centre staff were contacted via email and/or letter and asked to inform their line manager if they have concerns for their safety.
Following this request, no staff members communicated to the Director or Centre Management that they feel unsafe. Staff were also offered the opportunity to explore alternative roles within Disability Services and/or the Department of Communities; no staff members have accepted this opportunity.
Personal safety and conflict management training has also been provided to Centre staff.
(e) The injunctions obtained by the Disability Services Commission uphold the statutory prohibition on disclosing information obtained about any resident of the Centre, which information was obtained in the course of a person carrying out a function under the Declared Places (Mentally Impaired Accused) Act 2015 (Declared Places Act), or in the provision of "declared place services". That statutory prohibition is contained in section 59 of the Declared Places Act. It is offence to disclose information in breach of that section.
Where confidential information pertaining to a resident has been, or appears to have been, disclosed in breach of section 59, the Disability Services Commission has sought to prevent the further unauthorised disclosure of that information. However, the Commission has not, and will not, inhibit ordinary public discourse in relation to the Centre.
It is also relevant to note that a resident the subject of unauthorised disclosures is separately represented by legal counsel in connection with the injunctions. Counsel for the resident also seeks to uphold the injunctions.
(b) The following staff are employed within the Centre:
(c) (i) Yes. When a resident leaves the Centre without authorisation it is termed an ‘unauthorised absence’, in line with the Declared Places Mentally Impaired Accused Act 2015 . There have been three unauthorised absences from the Centre since it opened in August 2015; the last unauthorised absence was in May 2016. Following the unauthorised absence in May 2016, significant modifications to the security of the Centre were undertaken. This information has previously been released by the Department. Each of the unauthorised absences can be attributed to separate residents.
(ii) Yes. Since the Centre opened in August 2015, there have been 11 assaults resulting in workers’ compensation claims. This information has previously been released by the Department. One resident has been involved in ten incidents and one resident has been involved in one incident.
(iii) Yes. Since the Centre opened in August 2015, there have been eight incidences in which a resident did not adhere to the conditions of their leave of absence (LOA) order. This information has previously been released by the Department.
(iv)
(d) Safety (for both residents and staff) is an ongoing focus in the operations of the Centre. Staff have multiple avenues through which they can raise safety concerns, including a monthly Staff Safety Meeting. Urgent matters can be raised at any time with Centre Management. A number of safety issues have been raised at the monthly Safety Meetings and were subsequently resolved.
As previously advised, Worksafe issued three improvement notices relating to safety of staff in the Centre. These improvements were completed in May 2019. The specific matters at the centre of the Worksafe improvements were not previously raised by staff through any forum.
In May 2019, (the same month that all the Worksafe Improvement Notices were satisfied), all Centre staff were contacted via email and/or letter and asked to inform their line manager if they have concerns for their safety.
Following this request, no staff members communicated to the Director or Centre Management that they feel unsafe. Staff were also offered the opportunity to explore alternative roles within Disability Services and/or the Department of Communities; no staff members have accepted this opportunity.
Personal safety and conflict management training has also been provided to Centre staff.
(e) The injunctions obtained by the Disability Services Commission uphold the statutory prohibition on disclosing information obtained about any resident of the Centre, which information was obtained in the course of a person carrying out a function under the Declared Places (Mentally Impaired Accused) Act 2015 (Declared Places Act), or in the provision of "declared place services". That statutory prohibition is contained in section 59 of the Declared Places Act. It is offence to disclose information in breach of that section.
Where confidential information pertaining to a resident has been, or appears to have been, disclosed in breach of section 59, the Disability Services Commission has sought to prevent the further unauthorised disclosure of that information. However, the Commission has not, and will not, inhibit ordinary public discourse in relation to the Centre.
It is also relevant to note that a resident the subject of unauthorised disclosures is separately represented by legal counsel in connection with the injunctions. Counsel for the resident also seeks to uphold the injunctions.
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.