SSWAHS - Dr Victor Storm - Mr Scott Fanker: A case of smoke and mirrors?

Socrates has been informed that the complainant from the Southern Highlands did make the following response to Dr Victor Storm just ten months after he first made the complaint. Socrates can't help but note that the December response from Dr Storm bore a remarkable similarity to the one he made in May 2009 when he announced that he'd ask Mr Fanker to investigate himself!


Dr Victor Storm Clinical Director
Area Mental Health Service
Sydney South West Area Health Service
Concord Hospital,
Hospital Road
CONCORD NSW 2139


31 December 2009


Dear Dr Storm,

I refer to your letter of 23^rd December 2009 and note the brief statement in its content.

Please be advised that I do not accept your response as an adequate explanation of my complaint and, following the advice from the NSW Ombudsman, will take the matter to a higher level.

Notwithstanding the above, I believe that the headings of dispute with your finding are as follows and are evident within the NSW Health Code of Conduct:

1.1.Personal and professional behaviour: (p.10)

• Openness, honesty and accountability.

• My decisions will be fair and impartial.

1.2.Good faith: (p.10)

• I will undertake all my duties in good faith and in the spirit of honesty, correct purpose and with the best motives.
  
• I will ensure that my actions are appropriate and totally within the area of my authority.

1.3.Personal relationships with patients or clients: (p.11)

• I will not have personal relationships with patients or clients that result in any form of exploitation, obligation or sexual gratification.

1.4. Managing conflicts of interest: (p.12)

• I will avoid situations that give rise to conflicts of interest.

• I will report any actual, potential or perceived conflicts of interest to my immediate supervisors, my Health Service Chief Executive or his or her delegate at the first available opportunity, preferably in writing. A decision can then be made as to what action should be taken to avoid or to deal with the conflict.
• If I’m not sure whether a conflict exists, I will discuss the matter with my immediate supervisor to try and resolve the matter.
  

1.5.Fairness in decision making: (p.18)

I will:

• Deal with issues, cases or complaints consistently, promptly, openly and fairly.

• Act fairly and reasonably when using any statutory or discretionary power that could affect individuals within or outside of NSW Health.
• Avoid any unnecessary delay in making decisions or taking action.
• Take all reasonable steps to ensure that the information I act or decide on is factually correct and relevant.
  

1.6. Appealing decisions: (p.18)

• I will promptly inform individuals who are adversely affected by or who wish to challenge a decision, of their rights to object, appeal or obtain a review.
  
• I will also inform them how they can exercise those rights.
  

With respect, your own delay in providing a formal response to a complaint made on 23 February (with a reminder in May 2009) is appalling to say the least.

It certainly flies in the face of Fairness in decision making and Appealing decisions noted above in the NSW Health Code of Conduct.

Yours sincerely,

Kevin O’Neill

Again, Socrates does not wish to do anything other than make the case for the person who feels that there has been no clear process followed by Dr Storm and SSWAHS in dealing with complaints - a process that is clearly established by the NSW Health for all its Health Services administrators to follow.