❓ A parliamentary question regarding an alleged sexual assault at a psychiatric hospital, focusing on patient guardianship, assailant history, patient condition, and information availability to the State Administrative Tribunal (SAT). The Minister cites patient confidentiality and refers to a personal explanation.
AnsweredQoN 698Legislative Council
QuestionView source ↗
MENTAL HEALTH — ALLEGED PSYCHIATRIC HOSPITAL ATTACK
698. Hon STEPHEN DAWSON to the
Minister for Mental Health:
I refer to the minister's
answer to question without notice 676.
(1) Did the female patient have a
guardian at the time of the offence in question; and, if not, why not?
(2) Does the alleged assailant have
any history of sexual misconduct?
(3) Do both the female patient and
the alleged assailant still reside in the same ward?
(4) Was the
female patient deemed unable to consent to assessment and treatment following
the suspected sexual assault?
(5) Does the
minister concede that there was no allegation of rape made by the patient due
to the fact that she was described as being ''mute and catatonic''
after the incident by the treating team?
(6) Why was
information regarding next-of-kin contacts, marital status or religion not
available to the State Administrative Tribunal at the time of the hearing?
698. Hon STEPHEN DAWSON to the
Minister for Mental Health:
I refer to the minister's
answer to question without notice 676.
(1) Did the female patient have a
guardian at the time of the offence in question; and, if not, why not?
(2) Does the alleged assailant have
any history of sexual misconduct?
(3) Do both the female patient and
the alleged assailant still reside in the same ward?
(4) Was the
female patient deemed unable to consent to assessment and treatment following
the suspected sexual assault?
(5) Does the
minister concede that there was no allegation of rape made by the patient due
to the fact that she was described as being ''mute and catatonic''
after the incident by the treating team?
(6) Why was
information regarding next-of-kin contacts, marital status or religion not
available to the State Administrative Tribunal at the time of the hearing?
AnswerView source ↗
I thank the member for some notice
of the question.
(1) No; a
guardian was not required for the treatment of the patient's mental
illness. However, following the incident the health service referred the matter
to the State Administrative Tribunal and the SAT promptly appointed a guardian
to consider medical needs and related other decision-making, as noted on the
public record.
(2) Clinical
details cannot be released because of confidentiality under section 206 of the
Mental Health Act, but appropriate risk assessment was undertaken in this case.
I refer the member to my ministerial statement, which stated —
the SAT report and media don't clearly translate the medical/clinical
complexity and because of this, do not give a completely accurate account of
the matter.
Hon Stephen Dawson : Do you mean y our personal
explanation, minister.
Hon HELEN MORTON : Sorry, that was the p ersonal
explanation; that is correct. The answer continues —
(3) No; both patients do not reside
in the same ward.
(4) The
appointment of her guardian is on the public record. Guardianship is appointed
in those situations where a person is deemed unable to consent.
(5) Clinical
details cannot be released because of confidentiality under section 206 of the
Mental Health Act. Furthermore, the family has requested that this
confidentiality be respected. I would again refer the member to my personal
explanation.
Hon
Stephen Dawson : It's
on the public record; it's on the SAT's website.
Hon
HELEN MORTON : I know.
Hon
Stephen Dawson : So it has
been disclosed.
Hon
HELEN MORTON : I am saying
have a look at my personal explanation that reads —
the SAT report and media don't clearly translate the
medical/clinical complexity and because of this, do not give a completely
accurate account of the matter.
That is what I am asking the member to consider. The answer continues —
(6) If the SAT had requested this
information, it would have been provided.
of the question.
(1) No; a
guardian was not required for the treatment of the patient's mental
illness. However, following the incident the health service referred the matter
to the State Administrative Tribunal and the SAT promptly appointed a guardian
to consider medical needs and related other decision-making, as noted on the
public record.
(2) Clinical
details cannot be released because of confidentiality under section 206 of the
Mental Health Act, but appropriate risk assessment was undertaken in this case.
I refer the member to my ministerial statement, which stated —
the SAT report and media don't clearly translate the medical/clinical
complexity and because of this, do not give a completely accurate account of
the matter.
Hon Stephen Dawson : Do you mean y our personal
explanation, minister.
Hon HELEN MORTON : Sorry, that was the p ersonal
explanation; that is correct. The answer continues —
(3) No; both patients do not reside
in the same ward.
(4) The
appointment of her guardian is on the public record. Guardianship is appointed
in those situations where a person is deemed unable to consent.
(5) Clinical
details cannot be released because of confidentiality under section 206 of the
Mental Health Act. Furthermore, the family has requested that this
confidentiality be respected. I would again refer the member to my personal
explanation.
Hon
Stephen Dawson : It's
on the public record; it's on the SAT's website.
Hon
HELEN MORTON : I know.
Hon
Stephen Dawson : So it has
been disclosed.
Hon
HELEN MORTON : I am saying
have a look at my personal explanation that reads —
the SAT report and media don't clearly translate the
medical/clinical complexity and because of this, do not give a completely
accurate account of the matter.
That is what I am asking the member to consider. The answer continues —
(6) If the SAT had requested this
information, it would have been provided.
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