❓ Dr. Pettitt inquires about the investigation and prosecution responsibilities for breaches of the Mental Health Act 2014, specifically regarding patient ill-treatment, unauthorized restraint, and seclusion. The response outlines the roles of mental health service providers, HaDSCO, and the WA Police Force in handling complaints and potential offences.
AnsweredQoN 1986Legislative Council
QuestionView source ↗
With regard to the Mental Health Act 2014, I ask: (a) who is responsible for the investigation and prosecution for breaches of the Act with specific reference to: (i) Section 253 - Duty not to ill-treat or willingly neglect patients; (ii) Section 229 - Bodily restraint must be authorised; and (iii) Section 231 - Seclusion must be authorised; and (b) what actions must they take in relation to each of the breaches in (a)?
AnswerView source ↗
Answered
7 May 2024
Responded by
Parliamentary Secretary to the Minister for Health
Response time
4 days
(a) (i – iii) 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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