Chief Psychiatrist's annual report 2008-09 - Department of Health

Chief Psychiatrist’s annual report 2008–09 25
4 Investigations
Under section 106 of the Mental Health Act the Chief Psychiatrist and authorised officers have
powers to visit a psychiatric service and carry out investigations, if the Chief Psychiatrist forms the
view that such action is necessary. This may include inspecting premises and records held by the
service, making enquiries about a person’s treatment, seeing a person who is receiving treatment
and interviewing staff. The Chief Psychiatrist also has power to formally direct a service to cease or
implement a particular treatment or clinical action where deemed appropriate and necessary.
In practice the Chief Psychiatrist more frequently addresses concerns through discussion and
negotiation with the relevant mental health service, generally through the authorised psychiatrist
or clinical director. As part of this process, the Chief Psychiatrist may seek a written formal report
from the service, request and examine a copy of a person’s medical record, meet with the relevant
clinicians, and interview the consumer and/or their carer to assist in determining the most
appropriate action. The Chief Psychiatrist will also discuss issues raised by statutory reporting and
complaints or contacts during service visits.
Three formal investigations were conducted during the 2008–09 financial year. Two of these
followed complaints regarding the appropriateness of admission and the treatment and care
provided, in particular, whether the amount of seclusion authorised was clinically necessary and
in compliance with the Act. The third comprised a clinical review and inquiry in the context of a
number of inpatient deaths.
In May 2008 the Minister for Mental Health announced a review of the Mental Health Act to
examine whether the Act provides an effective legislative framework for the treatment and care
of people with a serious mental illness in Victoria. As part of the review, various functions of the
Chief Psychiatrist were considered, including monitoring functions and powers and the handling
of complaints. The review panel conducted an extensive community consultation process in the
course of 2008–09, which is described in its consultation report 11 . Drafting instructions for the new
legislation are expected to be finalised in 2009–10.
11 Department of Health (2009): Review of the Mental Health Act 1986. Community consultation report.