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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-20 Daily Xml
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PRISONERS, HOSPITAL CARE

The Hon. K.L. VINCENT (15:09): I seek leave to make a brief explanation before asking the minister representing the Minister for Correctional Services questions regarding the use of restraint on prisoners receiving medical care.

Leave granted.

The Hon. K.L. VINCENT: In July last year the Ombudsman released a report regarding the number of instances in which restraints, including handcuffs, shackles and chains, had been applied to six prisoners receiving medical care in the state's public health system. In each of these cases the use of restraint seems questionable, to say the least. The Ombudsman's report indicates that restraints were used with little or no regard paid to the patients' individual circumstance, contrary to national and international standards and the provisions of the Correctional Services Act.

In one case a patient was physically restrained, despite having limited mobility due to motor neurone disease, and even after restraints were removed was guarded until his death. In another, a patient developed further health complications, identified by professionals involved in their care, as being a likely result of the restriction of movement and injury caused by restraints used.

In a number of other cases pregnant women were shackled while in the early stages of labour and forced to go through childbirth. These prisoners were also forced to endure a number of other invasive pre and postnatal medical appointments, with male guards in the room while they were being examined. The report also details the cases of a number of patients affected by mental illness who were restrained, despite being cooperative and compliant with hospital and corrections staff, and who were assessed as presenting a low to moderate risk of flight or harm to themselves or others.

It is clear from the accounts of medical practitioners that heavy handed or entirely unwarranted use of restraints impacted on patient comfort, exacerbated patient symptoms and prevented hospital staff from providing complete and effective care. In a number of cases hospital staff advocating for appropriate use of restraints were forced into lengthy negotiations with the Department for Correctional Services that diverted hospital resources away from patients.

Concerningly, information in the report also indicates that corrections staff were unable to locate documentation used to justify the use of these restraints, did not communicate information about changes to the restraints effectively, did not act on information about changes to restraints promptly (and in some cases failed to act on it), did not keep accurate records on the use of restraints and apparently were unaware of the role of public officials responsible for the oversight of the health system, such as the Community Visitor, and acted to obstruct their efforts.

The Ombudsman made 10 recommendations covering issues ranging from the need for greater consideration of individual circumstance when using restraints and other restrictive practices to specific directions regarding the treatment of pregnant women in particular. My questions are:

1. Does the minister think it is appropriate for a woman in labour to be shackled?

2. Does the minister think it is appropriate for male guards to be present while a women is giving birth or undergoing vaginal examination?

3. Does the minister think it is appropriate or necessary for a prisoner with extremely limited mobility, who is receiving palliative care for a terminal illness, to be shackled?

4. Has the minister made any official response to the Ombudsman's report, which was published some eight months ago?

5. Have any of the Ombudsman's 10 recommendations been acted upon by the Department for Correctional Services?

6. Has the minister sought any advice on the Ombudsman's opinion that the current practice regarding restraints is contrary to not only national and international standards but also appears to be contrary to section 86 of our own Correctional Services Act?

7. Has the minister taken any action to ensure staff are appropriately trained around the role and powers of public officials, such as the Community Visitor?

The PRESIDENT: The Leader of the Government in answering will ignore the opinion expressed in some of the question or seeking the opinion, and the debate.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (15:14): I thank the honourable member for her questions and will refer them to the Minister for Correctional Services in another place and bring back a response.

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