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Hansard 26 February 1991

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Hansard 26 February 1991 Legislative Assembly 6331 26 February 1991 TUESDAY, 26 FEBRUARY 1991 Mr SPEAKER (Hon. J. Fouras, Ashgrove) read prayers and took the chair at 10 a.m. SOLICITOR-GENERAL'S OPINION ON SUB JUDICE RULE Mr SPEAKER: Honourable members, I have received the following letter from the Crown Solicitor— "I refer to previous correspondence in relation to the Speaker's ruling in respect of the C.J.C. investigation into travelling allowances and expenses claimed by Members of the Legislative Assembly and now enclose the Solicitor General's opinion on the matter. It will be seen that the Solicitor General's opinion is that whilst it is a matter for the discretion of the Speaker, who is personally charged with the responsibility of evaluating whether any particular discussions should take place in the House, if statements are to be made in the House which would adversely reflect on the position of particular individuals and specifically would suggest guilt of criminal offences, then in view of that point, the sub judice rule would be relevant and the Speaker would be entitled, in exercising his discretion, to prevent such statements." I table the opinion of the Solicitor-General. Whereupon Mr Speaker laid the document on the table. PETITIONS The Clerk announced the receipt of the following petitions— Adoption Law Amendment From Mr Szczerbanik (8 signatories) praying for significant changes to the Adoption of Children Act Amendment Act 1990. A similar petition was received from Mr Berghofer (68 signatories). Proposed Highway, Mount Cotton From Mr Elder (27 signatories) praying that construction of the proposed highway through the Mount Cotton area be not permitted but that the present Pacific Highway be upgraded instead. Home Medical Aids Scheme From Mrs McCauley (32 signatories) praying that the restrictions and suspension of certain items available under the Home Medical Aids Scheme be withdrawn to enable the stated aims of the scheme to be met. Brisbane City Council Rating System From Mr Beanland (5 signatories) praying that the Parliament empower the Brisbane City Council to introduce a fairer and more equitable rating system. Primary Producer Registration Fees; Maintenance of Rural Roads From Mr Johnson (98 signatories) praying that the Parliament will take immediate action to ensure rural roads are maintained to a safe standard and take immediate action to reduce primary producer registration fees to a more equitable level. Legislative Assembly 6332 26 February 1991 Daylight-saving, Referendum From Mrs McCauley (808 signatories) praying that a referendum be held with the local authority elections to ascertain whether the State of Queensland is in favour of adopting daylight-saving on a permanent basis. Petitions received. PAPERS The following papers were laid on the table— Orders in Council under— Canals Act 1958-1990 Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987-1990 Fauna Conservation Act 1974-1990 Land Act 1962-1990 National Parks and Wildlife Act 1975-1990 National Parks and Wildlife Act 1975-1990 and Fauna Conservation Act 1974-1990 Recreation Areas Management Act 1988-1990 Retirement Villages Act 1988 Regulations under— Clean Air Act 1963-1989 Clean Waters Act 1971-1989 Fauna Conservation Act 1974-1990. TOWNSVILLE GENERAL HOSPITAL PSYCHIATRIC UNIT Hon. T. M. MACKENROTH (Chatsworth—Leader of the House) (10.04 a.m.): On behalf of the Minister for Health, I lay upon the table of the House a copy of the statement made by the Minister for Health in relation to the report of the commission of inquiry, and I seek leave to have the statement incorporated in Hansard. Leave granted. Ladies and gentlemen of the media, thank you for attending the release of the report of the Carter commission of inquiry in Townsville today. Access to proper standards of care and treatment for mental illness is an inalienable right for all citizens of Queensland. In his report, Mr Carter, QC, has exposed an appalling series of events and treatment practices which have no place in modern medicine or the public sector health system in this State. The Carter report closes the door on a dark period in the treatment of the mentally ill in Queensland. It can never be allowed to happen again. The findings of this inquiry paint a horrific picture of what occurred in ward 10B, between 1975 and 1987. The therapeutic community principles of treatment, the so-called "social model of psychiatry" as espoused and practised by Dr Lindsay and his disciples, has been characterised as a rigid and aggressive approach of inadequate diagnoses, care and treatment. It was the dominant treatment model used in Townsville. It developed with scant regard for proper examination of the patient's mental illness and the frequent and totally inappropriate use of chemical restraint, inflicted upon patients by unnecessarily high doses of drugs including—sodium amytal. It was these excesses and abuses of patients, their rights and their families which I first raised publicly in 1986 and which I still find totally unacceptable today. On the basis of the evidence, Commissioner Carter has exposed what has been a totally deficient, substandard, unacceptable, negligent, unsafe, unethical and unlawful treatment regime. In all, the inquiry identified 65 patients of the ward who had died in circumstances which justified closer investigation but was unable to find sufficient evidence to prosecute any person Legislative Assembly 6333 26 February 1991 in respect of the deaths. The inquiry did find however, that certain patients had been unlawfully assaulted. The commissioner reports that a number of senior officers of the Health Department had failed to demonstrate the required measure of professional and official competence and responsibility. The hospital board and its executive failed hopelessly to address the many deficiencies which were so readily recognisable in the care and treatment of patients. It must be said that the previous State Government stands condemned for its blatant inaction and inability to respond to what became an increasingly vocal chorus of community outrage and disquiet at what was occurring. The continued failure of the National and Liberal Parties to stop the practises of ward 10B is unforgivable and represents yet another example of the lack of accountability and neglect which characterised their administration of Queensland. At an individual level, the commissioner reports that much of the defence of what occurred within the ward was based upon a narrow and mindless urge to ensure professional solidarity in the defence of a professional colleague. When coupled with the demonstrable lack of Health Department official competency and responsibility uncovered by this inquiry, there are compelling reasons for the relevant professional care givers to initiate an extensive reappraisal of the way in which professional standards are assessed and maintained. It can be reasonably argued that the failure of a profession to get its house in order can only lead to the inescapable probability of increased Government involvement and regulation. An involvement necessary to protect the public. Although this commission of inquiry has finally got to the heart of what happened in ward 10B, it will never erase the suffering and injustice inflicted upon the many mentally ill persons treated in the ward and their families and friends. I do not intend to make comment upon the individuals and cases which are the subject of official findings, as they are dealt with in great detail in the report. However, I have asked the chief executive of my department to review the status of individuals currently employed or associated with the State health system who are the subject of adverse findings in the Carter report. I will also seek the advice of the Attorney General in respect of these issues. This morning I received a supplementary report from Commissioner Carter detailing those cases in which the commissioner believes there is sufficient evidence to prosecute or to initiate disciplinary proceedings. As the responsible Minister, I will pass those matters to the Director of Prosecutions for his determination of the action to be undertaken. Obviously, any further discussion of the contents of the supplementary report could prejudice future trials. In his detailed investigation of ward 10B, Commissioner Carter has laid bare the deficiencies of the past and outlined a blueprint for the future operation of treatment for the mentally ill in Queensland. It is particularly welcome that many of his recommendations will complement and enhance the substantial reforms now under way in the Queensland health system—reforms which have been initiated since I became Minister for Health. Only yesterday State Cabinet approved a submission to establish a health rights commission which would have the independent responsibility for all complaint investigation within both the public and private health sectors in Queensland. The health rights commission will be enshrined in legislation. Under the proposed legislation it will be the commission and not the professional registration boards that will examine complaints so that misplaced support for a professional colleague will no longer be a possibility. It will have a special charter to ensure effective procedures for the maintenance of the rights of patients. And apart from complaint investigation, emphasis will also be given to conciliation in disputes and the undertaking of education programs with the aim of improving consumer awareness. The health rights commission will be an independent and autonomous body working to improve the standard and quality of health care. Over the period of years covered by the terms of the inquiry, the mental health services in this State were allowed to be run down by previous Governments. To turn this situation around, the State Government, through its budgetary process, has provided additional staff resources and capital works funding for the mental health system. The best part of $20 million dollars has been allocated to provide new facilities in Toowoomba, Bundaberg, the Gold Coast and here in Townsville.
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