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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-10-14 Daily Xml
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RAU

The Hon. SANDRA KANCK (15:21): l seek leave to make an explanation before asking the Minister for Correctional Services, representing the Minister for Police, questions about the treatment of Cornelia Rau by members of the South Australian police force.

Leave granted.

The Hon. SANDRA KANCK: Last month, ABC's Four Corners broadcast a program about the effect on detention centre staff of working in the Baxter and Woomera detention centres. However, in the process, one part of the program featured the removal, in February 2005, of Cornelia Rau from her cell by SAPOL officers, using powers under the Mental Health Act.

Ms Rau was having a shower when the police arrived. A female ambulance officer made the first request for Ms Rau to leave the shower. Ms Rau clearly indicated that she wanted to finish her shower, at first politely but she then became adamant. At this point, Ms Rau was physically hauled out of her shower by three male police officers. She spent some time naked in front of male police officers, appearing to cower on her bed in her room, from which she was then forcibly removed, strapped onto a stretcher and taken from the centre. Ms Rau was obviously upset and scared by this treatment. She was heard to say things such as, 'Please don't hurt me; I'm just having a shower. I haven't done anything wrong,' and even plaintively calling to be given her teddy bear.

I understand that Ms Rau's compensation payout included consideration of this treatment. However, it does raise important questions about how SAPOL administers its responsibilities under the Mental Health Act 1993. Section 5 of that act specifically requires any person involved in its administration to consider the 'dignity and self-respect' of patients. The Four Corners footage did not show any physical violence from Ms Rau that would have occasioned the manhandling that she received from police officers. Section 23 of the act provides that police can use 'only such force as is reasonably necessary' for this purpose. My questions are:

1. Was any inquiry held into this matter and, if not, why not?

2. Have any protocols been developed to require police officers to respect the dignity of people taken into custody under the act? If so, do all officers receive training in those protocols?

3. Why was there no social worker present, nor any female police officer included in the party detaining Cornelia Rau, and why was her removal done at night?

4. What was the emergency that required Ms Rau not be allowed to either complete her shower or even put on clothing, and does this fit the description of treating a patient with 'dignity and self-respect'?

5. Are police required to explain why a person is being detained and what their rights are? If so, why was this not the case for Ms Rau?

6. What action, if any, has the Minister for Police taken in relation to this incident, including any disciplining of the officers involved?

The Hon. CARMEL ZOLLO (Minister for Correctional Services, Minister for Road Safety, Minister for Gambling, Minister Assisting the Minister for Multicultural Affairs) (15:24): I thank the honourable member for her question in relation to the alleged treatment of Ms Cornelia Rau. I will refer her questions to the Minister for Police in another place and ensure that she has responses.

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