NSW Ombudsman Complaints Form
Details of Complaint
Which Agency or Person: NSW State Government Agencies
Have you approached the agency or person? Yes
Please name the agency involved: Ms Jan Whalan –Director of Corporate Services – Sydney South West Area Health Service
Please give details of your complaint:
- On 20 March 2009 I received at my home an email with attached letter from Ms Jan Whalan, informing me that the Area Health Service had been forwarded an email that threatened my life, the lives of other community members and members of my family. In her letter Ms Whalan indicated that she felt the threat was real enough that she informed the local police, and was encouraged by them to inform me and others to take the action by personally reporting the matter to the police. The police took the view that a client of the SSWAHS organisation was the author of the threat.
- Between December 4th 2008 and July 2009 I was forwarded a constant stream of emails sent by the client directed to myself and others, the content of which was constantly denigrating and threatening to myself and others. Those emails from the organisation’s client were eventually simply forwarded on by others and I to the key senior Executive members of the SSWAHS already involved an investigation of the client’s allegations. This was an attempt on my part to alert the organisation that the activities of their client remained harassing and threatening to me and others in the community.
- The only response came from Ms Jan Whalan, Director of Corporate Services – SSWAHS who, on June 9th 2009 sent me an email which stated: “Dear Sir, I am adding your email address to my junk email address list. I am not going to read or reply to emails from :platwood@hinet.net.au I have advised Victor Storm, Angelo Virgona and Scott Fanker to do likewise. Jan Whalan”.
- The same message was received by me on June 15th 2009 from Dr Angelo Virgona.
- The harassment of me and others in the local community from the organisation’s client continued unabated until the end of July 2009. It also included calls made by the organisation’s client to the home phone of myself and others.
- I believe that I have been diligent in reporting all threats of violence, real and potential, towards myself and other staff through the electronic incident monitoring and management system. There had been only one aggression reduction training session provided to the staff of the service. There has been no offer of a personal duress alarm system, given to community based mental health staff, which is provided routinely for all inpatient mental health staff. This I believe is discriminatory.
- The organisation’s client has provided evidence that he has improperly received details of a personal nature about me from within the organisation. The fact that the client himself identifies Mr Scott Fanker (Operations Manager, S-W Cluster Area Mental Health – SSWAHS) as the person with whom he was in most frequent contact, and whose opinions he has published in his blog postings, would suggest, on the balance of probability, that there was a possible disclosure from that senior Mental Health Executive member, thereby breaching my confidentiality.
- As a result of the SSWAHS investigation and decision to terminate my employment, on May 11, 2009 I was reported by Ms Jan Whalan to the NSW Nurses and Midwives Registration Board, and the NSW Psychologists Registration Board. It has only just been resolved by both Boards and the HCCC in October 2009 that no action against me, by the relevant Boards, will follow the lodgement of those complaints by the SSWAHS.
- While the SSWAHS might suggest that they had an obligation to inform the Boards of the outcome of their investigation, they did not do so until seven days after my termination. That action by Ms Whalan has produced an outcome that has seriously hindered my capacity to develop meaningful employment in my professions in both the public and private health sectors.
What happened after you complained to the agency?
What do you want to happen for your complaint to be resolved?
An apology from Ms Whalan and the SSWAHS for their refusal to ensure the safety of an employee of the Area Health Service. An independent review of the complaint that I made against Mr Scott Fanker and his conflict of interest and improper conduct in his inappropriate relationship with the client of the organisation during his investigation of allegations made against me by that client. An explanation from Ms Whalan as to why she knowingly failed to implement usual NSW Health protocol for dealing with aggression from clients directed towards employees of the organisation, that is, her refusal to accept the proof of that aggression when it was forwarded to her for appropriate action. I have attached copies of Ms Whalan’s letter (20 March 2009) and the client’s threatening email.
2 November 2009
Socrates makes no comment upon this complaint except to say that one has to wonder why SSWAHS has failed to act on this long overdue complaint. You be the judge!