Health Services Commissioner Annual Report 2000/2001

OVERVIEW OF COMPLAINTS
Throughout this Annual Report anecdotal information has been used to illustrate the
types of complaint received. Details have been altered to protect confidentiality
and, wherever possible, actions taken or resolutions achieved have been indicated.
Outcomes cannot be indicated where the matter is still in progress and the HSC does
not make judgements or decisions about who is right or wrong. Instead HSC helps
parties to resolve complaints themselves through mediation.
FORMAL INVESTIGATIONS
Last year HSC conducted two formal inquiries.
Investigation Into Repressed Memory Treatment
In March 1999 the HSC was contacted by Ms A, a resident of the United Kingdom.
She was in Australia because of concerns about the well-being of her sister, Ms B (a
trained nurse in her late thirties), who was residing in a Victorian country town (the
Town). According to Ms A, her sister was a patient of a medical clinic (the Clinic)
where she was being treated for amongst other things, depression. She was also
receiving psychotherapy from a psychologist, Mr J. Ms A reported she was shocked
at what she found when she visited her sister. Ms A said her sister appeared to be in a
state of exhaustion. Issues raised by Ms A included possible financial and sexual
exploitation of her sister. She questioned too, the medication which had made her
sister very difficult to communicate with and counselling sessions which lasted for
hours. She mentioned a “blackmailing” letter demanding money that had been sent to
her father by a psychologist, Mr J.
Ms A was told that as HSC had no complaint from Ms B the Office could not
intervene. She was told she could call the Crisis Assessment and Treatment Team
(CAT Team) if she had concerns for her sister’s mental health and she was advised of
the roles of the Medical Practitioners Board of Victoria (MPBV) and the Phycologists
Registration Board (PRB).
Under section 19(6) of the Health Services (Conciliation and Review) Act 1987 (the
Act): “If a complaint relates to a registered provider the Commissioner must refer the
complaint to the appropriate registration board if after consultation with the provider’s
registration board the Commissioner considers that the board has power to resolve or
deal with the matter is not suitable for conciliation under the Act”.
After consulting with the MPBV and with the PRB and after taking advice form the
Health Services Review Council the HSC decided to request the Minister for Health
to make a reference to HSC under section 9(m) of the Act asking the Commissioner to
conduct a formal investigation of the Clinic.
The Minster was advised that HSC had received a complaint from the sister of a
patient at the Clinic which involved allegations of possible financial and sexual
exploitation. It had been brought to HSC’s notice that the police at the Town also had
some concerns about the practices at the Clinic. While the PRB and the MPBV have
jurisdiction to deal with matters related to registered providers the Clinic also
Health Services Commissioner Annual Report 2000/2001 13