Well, apart from two rural LHNs, the Premier and Health Minister have decided upon who will be the Chief Executives of the other 16 Local Health/Hospital Networks.
At this time it is still unclear to the community members as to what will happen to the old SSWAHS Clinical Divisions and, more importantly, whether the people of the Southern Highlands will have the same access to the specialist inpatient beds which they had in the past. Or will the old Central Sydney AHS now re-branded as the Sydney Local Hospital Network (SLHN), manage to set up the barricades again?
Dr Victor Storm must be rubbing his hands with glee that he is back in his old stamping ground with control of his new, beaut "asylum" (you know, the one he said we should do without) the Concord Centre for Mental Health. I wonder if his vision of mental health (and treatment of the mentally ill) still extends southwards to Bowral Hospital and the Southern Highlands.
It's yet too early to get the information as to "who's who in the zoo" when it comes to the lesser mortals in the new 18 Local Hospital/Health Networks. One of the other persons mentioned in this blog, notably for her prolonged silences, appears to have slipped off the radar when it comes to the top jobs. Surprisingly, Jan Whalan appears to have also slipped off the Christmas card list for the Premier and the Minister as she did not get one of the Chief Executive positions published by NSW Health to date. I guess she could still manage to swing into one of the two remaining rural LHNs - if she hasn't trodden on too many toes! Perhaps, (hopefully) Ms Jan Whalan is making a return to running a pharmacy somewhere!
One bright spot in the shuffle of chairs is that the new Chief Executive for the SWSLHN which, according to the blurb, runs from "Fairfield to Bowral" is none other than Ms Amanda Larkin.
Amanda Larkin started her rise up the ranks by being the General Manager of Bowral Hospital for a number of years. She was then asked to manage the Campbelltown/Camden Hospitals when there was a shake-up in the system there a few years ago. She presided over the Macarthur-Wingecarribee health services until the recruitment of the General Manager for Macarthur Health Service took place and then took up the permanent position of General Manager of the Macarthur Health Service, thereby allowing the hardworking Denis Thomas to be appointed to the Bowral Hospital as General Manager. Even though she may be relocating to the Liverpool Hospital campus in her new position as Chief Executive of the SWSLHN I'm happy to report that, unlike her predecessors, Amanda Larkin does know where Bowral is and where the rest of the health services in Southern Highlands happen to be.
Nevertheless, as residents of the Southern Highlands we cannot become complacent about the state of the health services being offered in the Highlands. There are still issues of a more appropriate use of the operating theatres at Bowral Hospital to reduce the waiting list for elective surgery. And while Bowral Hospital is given a tick for renal dialysis does it really happen as much as it should?
Let's keep vigilant about our health service and remember - the NSW State election is only about 43 days away!
Showing posts with label Ms Jan Whalan. Show all posts
Showing posts with label Ms Jan Whalan. Show all posts
Wednesday, February 9, 2011
Wednesday, February 2, 2011
SSWAHS and Estoppel
It was interesting to use my holiday break to explore the internet for more of the misadventures of SSWAHS and its Executive members. Sure enough another SSWAHS fiasco was buried away in the cyberworld. This time they raised the ire of the Government and Related Employees Appeal Tribunal (GREAT) in November 2003. Ah! and guess who came in for some of their ire? None other than Ms Jan Whalan, who was then Deputy to Mike Wallace in the old Central Sydney Area Health Service.
In the short version of the matter (Appeal 252 of 2003) a professional employee of the CSAHS took the Health Service to the Tribunal over the decision to reduce her pay and conditions. At the hearing the Area Health Service was represented by Mr Garry De Courcey, Solicitor Advocate for the Crown Solicitor while the employee represented herself. A very David versus Goliath scenario!
The outcome was that the Tribunal dismissed the Area Health's challenge to the appeal by their employee. The Tribunal then directed the Registrar to list the matter for conciliation and to re-list the the matter for a hearing if the Area Health Service failed to conciliate.
Most interesting is the procedure adopted by the GREAT Tribunal to make the determination against the Area Health Service.
" 70. At paragraph 24 of these reasons therein is set out a report of a meeting involving Ms Torok and a number of other people. The report states that the appellant was told by Ms Mills that she could not discuss the matter elsewhere and she must pursue appropriate internal channels. Ms Mills is said to have nominated Ms Neville, Area Director, Human Resources as the appropriate person. It is significant that Ms Mills was one of the person’s involved in the investigation, according to the evidence provided in Ms Neville’s letter of 24 July 2003 to the appellant. In that letter Ms Neville does not suggest that there is no further appeal or that any appeal time has elapsed. Ms Neville did not conduct an appeal even though the appellant requested her to do so. After further correspondence Ms Neville referred the appellant to Ms Whalan on 6 October 2003 in a letter. The issue Ms Neville refers to is “your request to appeal my review of the investigation conducted by Mr Feliks Lewandowski.”
71. It is the evidence of Ms Neville that Mr Lewandowski was one of the three people who comprised the investigators being himself, Mr Bathur and Ms Mills. There is no suggestion that Ms Torok has no right of appeal. In her all her letters Ms Torok asserts her right of appeal.
72. I find that the respondent continually advised the appellant that she had appeal rights and has continued up to this time by referral to Ms Whalan. The evidence clearly establishes the respondent’s officer induced the appellant to believe an internal appeal would take place. At all times the appellant has challenged the
appropriateness and procedural fairness of the procedures adopted by the respondent’s various officers. I find that the respondent has induced in the appellant a belief that she could exhaust her internal review mechanisms in appeals prior to having to take an external appeal to GREAT, if dissatisfied. To suggest otherwise, as contended by the respondent is not consistent with the evidence. At any time it was open to the respondent’s officers to say fairly and squarely to the appellant, either orally or in writing, there are no further avenues of appeal; we will not entertain an appeal from you; our decision is final; or you must go to the Government and Related Employees Appeal Tribunal; or something else to that effect. It is clearly as suggested in the decision of Walton Stores21 at p6, at [16] that the employer has been aware of the mistake that the appellant laboured under but has done nothing to correct that, even though it was the duty of the respondent to do so. The respondent’s policy required timely and accurate advice about appeals .
73. The respondent would contend, if it had relied on Harvey 6, that the decision of Harvey 6 binds the Tribunal. That decision can be distinguished for the reasons I have given. Also that decision must be considered in the light of the ultimate authority of the High Court of Australia prevailing over the NSW, Supreme Court, Court of Appeal. This is not a failure to advise or a refusal to advise about appeal rights in circumstances where the respondent has no duty to advise but the respondent has gone further through the actions of Mr Lewandowski, Ms Mills and Ms Neville to misrepresent what the appeal procedures are and induce a belief in the appellant about those appeal procedures by failing to give a full and accurate
disclosure of the situation. It indeed would be unconscionable to allow the respondent (CSAHS) to profit from its own inaccuracy, obfuscation and confusion."
Obviously, the GREAT Tribunal was not amused by the attempt of CSAHS to hide its "unconscionable ..... inaccuracy, obfuscation and confusion" in dealing (or not dealing) with the complainant/plaintiff: their employee, Ms Torok.
Below is a definition of that which the CSAHSs Ms Jan Whalan appears to have mastered in her role as Deputy CEO of CSAHS and SSWAHS: Estoppel
"Equitable Estoppel
Unconscionable conduct is the touchstone for the operation of equitable estoppel but requires more than a mere failure to fulfill a promise. It denotes a creation or encouragement by the defendant in the other party of an assumption that a contract will come into existence or a promise will be performed and for the other party to have relied upon that assumption to his or her detriment to the knowledge of the first party (Waltons Stores (Interstate) Ltd v Maher (1988))."
One wonders whether the people from the Southern Highlands who are still waiting for responses to their complaints delivered some 18 months ago are able to mount a legal challenge against SSWAHS on the basis of the legal construct of Equitable Estoppel. Hmmm! a case for the local lawyers?
In the short version of the matter (Appeal 252 of 2003) a professional employee of the CSAHS took the Health Service to the Tribunal over the decision to reduce her pay and conditions. At the hearing the Area Health Service was represented by Mr Garry De Courcey, Solicitor Advocate for the Crown Solicitor while the employee represented herself. A very David versus Goliath scenario!
The outcome was that the Tribunal dismissed the Area Health's challenge to the appeal by their employee. The Tribunal then directed the Registrar to list the matter for conciliation and to re-list the the matter for a hearing if the Area Health Service failed to conciliate.
Most interesting is the procedure adopted by the GREAT Tribunal to make the determination against the Area Health Service.
" 70. At paragraph 24 of these reasons therein is set out a report of a meeting involving Ms Torok and a number of other people. The report states that the appellant was told by Ms Mills that she could not discuss the matter elsewhere and she must pursue appropriate internal channels. Ms Mills is said to have nominated Ms Neville, Area Director, Human Resources as the appropriate person. It is significant that Ms Mills was one of the person’s involved in the investigation, according to the evidence provided in Ms Neville’s letter of 24 July 2003 to the appellant. In that letter Ms Neville does not suggest that there is no further appeal or that any appeal time has elapsed. Ms Neville did not conduct an appeal even though the appellant requested her to do so. After further correspondence Ms Neville referred the appellant to Ms Whalan on 6 October 2003 in a letter. The issue Ms Neville refers to is “your request to appeal my review of the investigation conducted by Mr Feliks Lewandowski.”
71. It is the evidence of Ms Neville that Mr Lewandowski was one of the three people who comprised the investigators being himself, Mr Bathur and Ms Mills. There is no suggestion that Ms Torok has no right of appeal. In her all her letters Ms Torok asserts her right of appeal.
72. I find that the respondent continually advised the appellant that she had appeal rights and has continued up to this time by referral to Ms Whalan. The evidence clearly establishes the respondent’s officer induced the appellant to believe an internal appeal would take place. At all times the appellant has challenged the
appropriateness and procedural fairness of the procedures adopted by the respondent’s various officers. I find that the respondent has induced in the appellant a belief that she could exhaust her internal review mechanisms in appeals prior to having to take an external appeal to GREAT, if dissatisfied. To suggest otherwise, as contended by the respondent is not consistent with the evidence. At any time it was open to the respondent’s officers to say fairly and squarely to the appellant, either orally or in writing, there are no further avenues of appeal; we will not entertain an appeal from you; our decision is final; or you must go to the Government and Related Employees Appeal Tribunal; or something else to that effect. It is clearly as suggested in the decision of Walton Stores21 at p6, at [16] that the employer has been aware of the mistake that the appellant laboured under but has done nothing to correct that, even though it was the duty of the respondent to do so. The respondent’s policy required timely and accurate advice about appeals .
73. The respondent would contend, if it had relied on Harvey 6, that the decision of Harvey 6 binds the Tribunal. That decision can be distinguished for the reasons I have given. Also that decision must be considered in the light of the ultimate authority of the High Court of Australia prevailing over the NSW, Supreme Court, Court of Appeal. This is not a failure to advise or a refusal to advise about appeal rights in circumstances where the respondent has no duty to advise but the respondent has gone further through the actions of Mr Lewandowski, Ms Mills and Ms Neville to misrepresent what the appeal procedures are and induce a belief in the appellant about those appeal procedures by failing to give a full and accurate
disclosure of the situation. It indeed would be unconscionable to allow the respondent (CSAHS) to profit from its own inaccuracy, obfuscation and confusion."
Obviously, the GREAT Tribunal was not amused by the attempt of CSAHS to hide its "unconscionable ..... inaccuracy, obfuscation and confusion" in dealing (or not dealing) with the complainant/plaintiff: their employee, Ms Torok.
Below is a definition of that which the CSAHSs Ms Jan Whalan appears to have mastered in her role as Deputy CEO of CSAHS and SSWAHS: Estoppel
"Equitable Estoppel
Unconscionable conduct is the touchstone for the operation of equitable estoppel but requires more than a mere failure to fulfill a promise. It denotes a creation or encouragement by the defendant in the other party of an assumption that a contract will come into existence or a promise will be performed and for the other party to have relied upon that assumption to his or her detriment to the knowledge of the first party (Waltons Stores (Interstate) Ltd v Maher (1988))."
One wonders whether the people from the Southern Highlands who are still waiting for responses to their complaints delivered some 18 months ago are able to mount a legal challenge against SSWAHS on the basis of the legal construct of Equitable Estoppel. Hmmm! a case for the local lawyers?
Tuesday, November 9, 2010
SSWAHS, Mr Dodds and his leadership style - a sychophant in the making?
Socrates again simply publishes the response of the complainant. Of course there has been no response from SSWAHS in general, or Ms Whalan in particular.
Ms Jan Whalan
Director of Corporate ServicesSSWAHS
Locked Bag 7017
Liverpool BC 1871
31 December 2009
Dear Ms Whalan,
RE: Mr Peter Dodds
Thank you for your recent response to my letter of 16 October 2009 in which I directed comments to Mr Peter Dodds and Mr W M in respect of his reported statements about the referral of a patient to myself as a private practitioner.
To be blunt, I have to say that if Mr Dodds denies making any such statement to the staff of the Bowral Mental Health Service then the veracity of his denial is questionable. Also if the matter had been investigated by SSWAHS in any transparent and independent fashion I would have expected, at least, a conversation with the person conducting the investigation. The fact that I did not disclose the person or persons from whom I received the information about Mr Dodds’s statement is perhaps understandable given my recent experience of investigations by SSWAHS.
I will, however, state that the comments were made on a Tuesday morning when the rostered members of the Bowral Mental Health Team were present and in the company of Dr R W. As I understand it, it was Dr W who first made the suggestion that a particular client be referred to my practice. I suggest that the person responsible for investigating my original complaint revisit the matter and speak with staff other than person upon who the complaint is based.
Whilst I note the supposed NSW Health policy insists that the Mental Health Service has a ”long-standing practice of providing clients who require private sector services with the names of a range of clinicians who practise in a geographical area”, I strongly doubt that this is done without “commentary or opinion...... in relation to the skills of any of the clinicians listed”. If adherence to that NSW Health policy was the case why does Dr Angelo Virgona (SSWAHS) specifically refer his patients directly to individual private practitioners in the Bowral area, when other consultant psychiatrists employed by SSWAHS have been advised that they are not to do so?
I will contact Mr M for a copy of the list of private practitioners that is used by the Bowral Mental Health Team upon his return from leave.
Yours sincerely,
Kevin O’Neill
Psychologist and
Credentialed Mental Health Nurse
SSWAHS and another way in which it deals with complaints!
Socrates offers this example of how a person making a complaint can get the brush-off from the SSWAHS Executive when they want something to go the way in which they determine it should. You be the judge!
Socrates was informed that the outcome was that Mr Dodds was asked by his manager whether he'd instructed his staff to refuse referrals to the complainant. Naturally, he said "No", even though he stated it to a room full of staff who had a different impression.
Mr Peter Dodds
Acting Manager Wingecarribee Community Mental Health Service Wingecarribee Community Health Centre Bendooley Place, 22-24 Bendooley Street Bowral NSW 2576 16 October 2009
WITHOUT PREJUDICE
Dear Mr Dodds, I am writing to you to advise you that I have been informed that you, in the recent past, instructed your staff (including medical staff) that you did not believe that persons who have been terminated from the Area Health Service should have referrals of clients made to them. If this statement attributed to you is correct then I wish to inform you that it constitutes an imposition on my ability to conduct a business and carry out a trade. I am advised the legal position is that you could be challenged in court with posing an obstruction to my carrying on a legitimate trade or business, and the likely outcome is that damages can be awarded against you. To the current date there have been no conditions imposed on my ability to practice as a nurse registered with the NSW Nurses and Midwives Registration Board. To the current date there has been no conditions imposed upon my ability to practice as a psychologist registered with the NSW Psychologists Registration Board. The Health Care Complaints Commission has also indicated that they are not proceeding with complaints made by the SSWAHS and the client who initiated the complaint in the first instance. Since leaving the employment of SSWAHS I have been accepted by the Australian College of Mental Health Nurses as a Credentialed Mental Health Nurse. I have also been accepted as an Accredited AHP for the Non-Directive Pregnancy Support Counselling Program and I have been accepted as an Associate member of the Australian Psychological Society. If it comes to my attention again that you have determined a different outcome in the matter of that complaint, to the outcome stated by the HCCC and the Registration Boards, and you again inhibit the choice of clients from accessing my clinical services by making statements (such as the one noted above) to your staff I shall commence legal action against you.
Socrates was informed that the outcome was that Mr Dodds was asked by his manager whether he'd instructed his staff to refuse referrals to the complainant. Naturally, he said "No", even though he stated it to a room full of staff who had a different impression.
Saturday, November 6, 2010
Dr Victor Storm - SSWAHS - Complaint to NSW Ombudsman
Socrates continues to be the public voice of this complainant who stills awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.
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: Dr Victor Storm – Clinical Director, Mental Health Services – Sydney South West AHS
Please give details of your complaint:
What do you want to happen for your complaint to be resolved?
Your details: Kevin O’Neill
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!
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: Dr Victor Storm – Clinical Director, Mental Health Services – Sydney South West AHS
Please give details of your complaint:
On February 24th, 2009 I spoke by telephone with Dr Victor Storm, Clinical Director SSWAHS Mental Health, in respect of a formal complaint I was lodging against Mr Scott Fanker. I did so and emailed it to Dr Storm’s organisational email address that same day. It is my understanding that all complaints or incidents to any NSW Health organisation have to be managed on the electronic incident monitoring and management system (AIMS or IMMS). This allows senior executive staff in the clinical governance unit to note it, and also to allow for a timely response. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30th 2009 I again emailed Dr Storm (with an attached copy of my complaint) stating that I had not heard from the SSWAHS about any outcome in respect of my complaint against Mr Fanker. I received a response by email from Dr Storm on May 4th(the day of my termination) in which he stated: “Please be advised that Mr Fanker has been provided with a copy of your complaint and is being given an opportunity to respond.” This does not indicate that the usual procedure for dealing with a complaint or incident was being followed by Dr Storm. His final paragraph stated: “I will inform you of the outcome of my enquiries, in due course.” To the current date I had no further response from Dr Storm as to the outcome of his enquiries. What happened after you complained to the agency? My employment with the SSWAHS was terminated.
An apology from Dr Storm and the SSWAHS for the delay in his/its investigation of my complaint. An independent review of the complaint that I made against Mr Scott Fanker and the conflict of interest and improper conduct of his investigation of allegations made against me by a client of the organisation. An explanation from Dr Storm as to why he failed to implement usual NSW Health protocol for dealing with complaints, that is, electronic documentation and lodgement, and review by independent persons within the organisation of SSWAHS. I have attached copies of the original letter of complaint (Feb 2009); my follow-up email and Dr Storm’s emailed letter of May 2009. The letter of complaint indicated that in my view Mr Scott Fanker engaged in an investigative interview on 22 December 2008 with a perceived (if not actual) conflict of interest.
In that he had an abnormal relationship with the client who had made a complaint against me. On 11 December 2008 the client indicated that he had a relationship with Mr Fanker that was more therapist/client, than that of Operations Manager-SSWAHS/complainant. The client indicated in an email that by that date he’d had over 30 hours of conversation with Mr Fanker and he described Mr Fanker as his “unpaid therapist”.
It is my belief that Mr Fanker should have withdrawn from the investigative process on 22 December and that the investigation was compromised by his inappropriate association with the client. It was only at my insistence that, at a second interview on 19 February 2009, Mr Fanker withdrew from the investigative process. My reasons for that request were made perfectly clear to Miss Belinda Woolley, Senior Legal Officer – SSWAHS, on that day.
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!
SSWAHS - Mr Scott Fanker - Complaint to NSW Ombudsman
Socrates continues to be the public voice of this complainant who still awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.
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: Mr Scott Fanker – Operations Manager, S-W Cluster, Mental Health Services – Sydney South West Area Health Service
Please give details of your complaint:
What do you want to happen for your complaint to be resolved?
I have attached copies of the original transcript (Dec 2008); and my original questions posed to Mr Fanker, which have to date, remained unanswered.
Your details: Kevin O’Neill
5 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!
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: Mr Scott Fanker – Operations Manager, S-W Cluster, Mental Health Services – Sydney South West Area Health Service
Please give details of your complaint:
- In regard to the failure of the organisation to exercise due diligence to protect their staff: During early 2008 a client (PK) of the SSWAHS organisation provided the Bowral service with a copy of his blog entry dated 13 March 2007 and titled “Triage”. This article purported to give an account of the way in which the Bowral Mental Health Service responded to their clients. It was posted to the internet and could constitute defamation.
- It was shown to the Clinical Director, Mental Health S-W Cluster, Dr Angelo Virgona, whose only response was to laugh.
- On December 22, 2008 I provided the Operations Manager Mental Health S-W Cluster, Mr Scott Fanker with the content of a tape recorded message by the client in which he defamed the person and reputation of an elderly staff member of Berrima Cottage (the Bowral Mental Health rehabilitation unit). To date no action has been taken to provide advice or support by the organisation to that staff member.
- On the same date (December 22nd), I requested Mr Fanker to offer a response to my question: “Does the Area Mental Health Service accept the “Zero Tolerance to Aggression” policy issued by NSW Health? If so, how does it intend to protect the staff of the Wingecarribee Mental Health Service from ‘Paul C’?” His response was: ”Um, no this is an interview with you, not an interview with us so I’ll read those questions and we can speak about that um outside of the interview process, anything else you want to say?”
- At that interview I was also asked by Mr Fanker “What would you like us to do” about the threats of violence against staff (and myself) made by the client? I responded by asking the organisation to take out an AVO against the client to restrict his access to staff while he was intoxicated or otherwise threatening. I was told by Mr Fanker: “That will only inflame the situation”.
- Between December 22, 2008 and May 4, 2009 Mr Fanker had opportunity to respond to my questions posed in the interview of December 22, but never did so. Mr Fanker also claimed to have had no knowledge of the ongoing nature of the attacks, both verbal and written by the client about the staff members and the service over a 2 year period. However, in early December the client stated in an email that he “had more than 30 hours of discussion with Mr Fanker about his issues with the staff and service. And that Mr Fanker had read all his notes, documents and history”.
- Mr Fanker, also in an email in early December 2008, to a person being verbally attacked by the client, stated that he’d gone thoroughly through all the blog postings of the client. Those postings had commenced in early March 2007.
- On Monday, January 12th 2009 I spoke with Mr Scott Fanker about a blog posting by the client which was titled “O’Neill” and dated Sunday 11th January. In this blog my full name was advertised in capitals, I was called (among other things) that “DOG O’NEILL”, “JOKE O’NEILL” and “that cunning sly dog O’Neill”. I asked Mr Fanker if he had seen it. He opened the blog and read it while we spoke and stated that he would attempt to have the client remove it from his blog. Subsequently, I received an email from Mr Fanker stating: “Now is not the time to ask him (the client) to remove the blog posting”. It remained on the internet for a number of days until the client’s brother removed it.
What do you want to happen for your complaint to be resolved?
- An apology from Mr Fanker and the SSWAHS for the delay in his/its investigation of my complaint about the lack of support for, and protection of, its staff.
- An independent review of the complaint that I made about the lack of support and protection for staff of the Bowral Community Mental Health Service.
- An explanation from Mr Fanker as to why he failed to implement usual NSW Health protocol for dealing with aggression directed towards staff employed within the organisation of SSWAHS.
Your details: Kevin O’Neill
5 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!
SSWAHS - Ms Jan Whalan - Complaint to the NSW Ombudsman
Socrates continues to be the public voice of this complainant who stills awaits any response, formal or informal, from the Executive of the Sydney South West Area Health Service.
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:
My employment was terminated by SSWAHS.
What do you want to happen for your complaint to be resolved?
Your details: Kevin O’Neill
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!
Wednesday, November 3, 2010
SSWAHS and the NSW Government response.
Socrates now gives the second of the letters to the NSW Health's Minister for Cancer and Mental Health, who assists Ms Carmel Tebbutt, the NSW Minister for Health.
Mrs Barbara Perry, MP
Minister assisting the Minister for Health(Mental Health and Cancer)
Level 33, Governor Macquarie Tower
1 Farrer PlaceSydney NSW 2000
4 November 2009
Dear Mrs Perry
Complaint against the Sydney South West Area Health Service – Mental Health
I write to you on advice from the NSW Anti-Discrimination Board as the specifics of my issues do not fall within their jurisdiction. My complaint relates to senior executive staff of the Area Health Service and in particular members of its Division of Mental Health.
The following are the facts as I stated them previously to the ADB. Please excuse the length of this letter.
On May 4th 2009 my employment with the Sydney South West Area Health Service was terminated by letter from the organisation’s CEO Mr Mike Wallace. At the time of my termination I was Manager of the Bowral Community Mental Health Services.
I believe that I have been discriminated against in my employment and that I have been victimised by the persons named above. However, the primary issue is that the organisation failed to provide myself and other staff adequate protection against the aggression and violence directed towards me by a client of the organisation, contrary to the prescription of NSW Health and it’s “Zero Tolerance” Policy.
The reason for my termination, following an investigation, was on “the balance of probability”, and because it was thought that I was “involved” with others in responding to a client’s defamatory comments on his internet blog. I believe that the presumption of my guilt prior to the commencement of any investigation and the lack of clear evidence of that guilt was discriminatory. As was the failure of the SSWAHS to provide adequate support and protection of myself (and other staff) from the threats of death, violence and aggression and actual defamatory comments posted on the internet all perpetrated by the organisation’s client.
Previously in 2009, I lodged an ADB complaint against the client of the organisation, due to his continued attacks and public vilification against me. I was informed that the complaint could not proceed but that I could consider a complaint against the organisation due to its lack of due diligence in providing a safe working environment and for failing to institute the NSW Health policy of “Zero Tolerance against Violence”. I also spoke with a legal firm that specialises in employment-related law. I was advised by them that, in the absence of any evidence that the organisation did anything procedurally incorrect with regards to the termination, I was unlikely to succeed in any legal case seeking reinstatement.
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 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, their action has produced an outcome that has seriously hindered my capacity to develop meaningful employment in my professions in both the public and private sectors.
In regard to the failure of the organisation to exercise due diligence to protect their staff: During early 2008 the client provided the service with a copy of his blog entry dated 13 March 2007 and titled “Triage”. This article purported to give an account of the way in which the Bowral Mental Health Service responded to their clients. It was posted to the internet and could constitute defamation. It was shown to the Clinical Director, Mental Health SW Cluster Dr Angelo Virgona whose only response was to laugh.
On December 22, 2008 I provided the Operations Manager Mental Health SW Cluster, Mr Scott Fanker with the content of a tape recorded message by the client in which he defamed the person and reputation of an elderly staff member of Berrima Cottage (the rehabilitation unit). To date no action has been taken to provide advice or support by the organisation to that staff member. On the same date (December 22nd), I requested Mr Fanker to offer a response to my question: “Does the Area Mental Health Service accept the “Zero Tolerance to Aggression” policy issued by NSW Health? If so, how does it intend to protect the staff of the Wingecarribee Mental Health Service from ‘Paul C’?” His response was: ”Um, no this is an interview with you, not an interview with us so I’ll read those questions and we can speak about that um outside of the interview process, anything else you want to say?” At that interview I was also asked by Mr Fanker “What would you like us to do” about the threats of violence against staff (and myself) made by the client? I responded by asking the organisation to take out an AVO against the client to restrict his access to staff while he was intoxicated or otherwise threatening. I was told by Mr Fanker: “That will only inflame the situation”.
Between December 22, 2008 and May 4, 2009 Mr Fanker had opportunity to respond to my questions posed in the interview of December 22, but never did so. Mr Fanker also claimed to have had no knowledge of the ongoing nature of the attacks, both verbal and written by the client about the staff members and the service over a 2 year period. However, in early December the client stated in an email that he “had more than 30 hours of discussion with Mr Fanker about his issues with the staff and service. And that Mr Fanker had read all his notes, documents and history”. Mr Fanker, also in an email in early December 2008, to a person being verbally attacked by the client, stated that he’d gone thoroughly through all the blog postings of the client. Those postings had commenced in early March 2007.
On Monday, January 12th 2009 I spoke with Mr Scott Fanker about a blog posting by the client which was titled “O’Neill” and dated Sunday 11th January. In this blog my full name was advertised in capitals, I was called (among other things) that “DOG O’NEILL”, “JOKE O’NEILL” and “that cunning sly dog O’Neill” . I asked Mr Fanker if he had seen it. He opened the blog and read it while we spoke and stated that he would attempt to have the client remove it from his blog. Subsequently, I received an email from Mr Fanker stating: “Now is not the time to ask him (the client) to remove the blog posting”. It remained on the internet for a number of days until the client’s brother removed it.
On February 24th, 2009 I spoke by telephone with Dr Victor Storm, Clinical Director SSWAHS Mental Health, in respect of a formal complaint I was lodging against Mr Scott Fanker. I did so and emailed it to Dr Storm’s organisational email address that same day. It is my understanding that all complaints or incidents to any NSW Health organisation have to be managed on the electronic incident monitoring and management system (AIMS or IMMS). This allows senior executive staff in the clinical governance unit to note it, and also to allow for a timely response. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30th 2009 I again emailed Dr Storm (with an attached copy of my complaint) stating that I had not heard from the SSWAHS about any outcome in respect of my complaint against Mr Fanker. I received a response by email from Dr Storm on May 4th in which he stated: “Please be advised that Mr Fanker has been provided with a copy of your complaint and is being given an opportunity to respond.” This does not indicate that the usual procedure for dealing with a complaint or incident was being followed by Dr Storm. His final paragraph stated: “I will inform you of the outcome of my enquiries, in due course.” To this date I had no further response from Dr Storm as to the outcome of his enquiries. On March 19th 2009 while on sick leave from the organisation I sent an email to Ms Jacqui Clark the Acting Manager of Human Resources – SSWAHS to express my concern that personal information about myself, including the fact that I was on leave from my position, was made known to the organisation’s client who was harassing me. The client began to publish comments on his internet blog that directly conveyed his intimate knowledge of my being on leave, but also the nature and duration of that leave. The client went so far as to publish the fact that the investigation was almost at an end (of which I had not been informed), that the outcome would be negative for me, and that I would most likely be offered retirement or the capacity to be allowed to plead work related stress. I received no response from the SSWAHS Human Resources Department about any breach of my confidentiality by persons from within the Area Health Service to the organisation’s client.
Between May 4th 2009 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 simply forwarded on by myself to the key senior Executive members of the SSWAHS already involved in the investigation. This was an attempt on my part to alert the organisation that the activities of their client remained harassing and threatening to myself 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 myself 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.
Since my termination from the SSWAHS I have been reported to the HCCC and to the NSW Nurses and Midwives Registration Board and the NSW Psychologists Registration Board by Ms Jan Whalan (Director for Corporate Services-SSWAHS). I have responded willingly to the HCCC and to the registrations boards and have been informed by them that they are satisfied that I remain a fit and proper person to practise my professions. However, the path to developing my private practice has been set with many hurdles, primarily due to the behaviour of the Area Health Service staff in dealing with the issues of staff safety, confidentiality and support.
Kevin O’Neill
Mrs Barbara Perry, MP
Minister assisting the Minister for Health(Mental Health and Cancer)
Level 33, Governor Macquarie Tower
1 Farrer PlaceSydney NSW 2000
4 November 2009
Dear Mrs Perry
Complaint against the Sydney South West Area Health Service – Mental Health
I write to you on advice from the NSW Anti-Discrimination Board as the specifics of my issues do not fall within their jurisdiction. My complaint relates to senior executive staff of the Area Health Service and in particular members of its Division of Mental Health.
The following are the facts as I stated them previously to the ADB. Please excuse the length of this letter.
On May 4th 2009 my employment with the Sydney South West Area Health Service was terminated by letter from the organisation’s CEO Mr Mike Wallace. At the time of my termination I was Manager of the Bowral Community Mental Health Services.
I believe that I have been discriminated against in my employment and that I have been victimised by the persons named above. However, the primary issue is that the organisation failed to provide myself and other staff adequate protection against the aggression and violence directed towards me by a client of the organisation, contrary to the prescription of NSW Health and it’s “Zero Tolerance” Policy.
The reason for my termination, following an investigation, was on “the balance of probability”, and because it was thought that I was “involved” with others in responding to a client’s defamatory comments on his internet blog. I believe that the presumption of my guilt prior to the commencement of any investigation and the lack of clear evidence of that guilt was discriminatory. As was the failure of the SSWAHS to provide adequate support and protection of myself (and other staff) from the threats of death, violence and aggression and actual defamatory comments posted on the internet all perpetrated by the organisation’s client.
Previously in 2009, I lodged an ADB complaint against the client of the organisation, due to his continued attacks and public vilification against me. I was informed that the complaint could not proceed but that I could consider a complaint against the organisation due to its lack of due diligence in providing a safe working environment and for failing to institute the NSW Health policy of “Zero Tolerance against Violence”. I also spoke with a legal firm that specialises in employment-related law. I was advised by them that, in the absence of any evidence that the organisation did anything procedurally incorrect with regards to the termination, I was unlikely to succeed in any legal case seeking reinstatement.
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 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, their action has produced an outcome that has seriously hindered my capacity to develop meaningful employment in my professions in both the public and private sectors.
In regard to the failure of the organisation to exercise due diligence to protect their staff: During early 2008 the client provided the service with a copy of his blog entry dated 13 March 2007 and titled “Triage”. This article purported to give an account of the way in which the Bowral Mental Health Service responded to their clients. It was posted to the internet and could constitute defamation. It was shown to the Clinical Director, Mental Health SW Cluster Dr Angelo Virgona whose only response was to laugh.
On December 22, 2008 I provided the Operations Manager Mental Health SW Cluster, Mr Scott Fanker with the content of a tape recorded message by the client in which he defamed the person and reputation of an elderly staff member of Berrima Cottage (the rehabilitation unit). To date no action has been taken to provide advice or support by the organisation to that staff member. On the same date (December 22nd), I requested Mr Fanker to offer a response to my question: “Does the Area Mental Health Service accept the “Zero Tolerance to Aggression” policy issued by NSW Health? If so, how does it intend to protect the staff of the Wingecarribee Mental Health Service from ‘Paul C’?” His response was: ”Um, no this is an interview with you, not an interview with us so I’ll read those questions and we can speak about that um outside of the interview process, anything else you want to say?” At that interview I was also asked by Mr Fanker “What would you like us to do” about the threats of violence against staff (and myself) made by the client? I responded by asking the organisation to take out an AVO against the client to restrict his access to staff while he was intoxicated or otherwise threatening. I was told by Mr Fanker: “That will only inflame the situation”.
Between December 22, 2008 and May 4, 2009 Mr Fanker had opportunity to respond to my questions posed in the interview of December 22, but never did so. Mr Fanker also claimed to have had no knowledge of the ongoing nature of the attacks, both verbal and written by the client about the staff members and the service over a 2 year period. However, in early December the client stated in an email that he “had more than 30 hours of discussion with Mr Fanker about his issues with the staff and service. And that Mr Fanker had read all his notes, documents and history”. Mr Fanker, also in an email in early December 2008, to a person being verbally attacked by the client, stated that he’d gone thoroughly through all the blog postings of the client. Those postings had commenced in early March 2007.
On Monday, January 12th 2009 I spoke with Mr Scott Fanker about a blog posting by the client which was titled “O’Neill” and dated Sunday 11th January. In this blog my full name was advertised in capitals, I was called (among other things) that “DOG O’NEILL”, “JOKE O’NEILL” and “that cunning sly dog O’Neill” . I asked Mr Fanker if he had seen it. He opened the blog and read it while we spoke and stated that he would attempt to have the client remove it from his blog. Subsequently, I received an email from Mr Fanker stating: “Now is not the time to ask him (the client) to remove the blog posting”. It remained on the internet for a number of days until the client’s brother removed it.
On February 24th, 2009 I spoke by telephone with Dr Victor Storm, Clinical Director SSWAHS Mental Health, in respect of a formal complaint I was lodging against Mr Scott Fanker. I did so and emailed it to Dr Storm’s organisational email address that same day. It is my understanding that all complaints or incidents to any NSW Health organisation have to be managed on the electronic incident monitoring and management system (AIMS or IMMS). This allows senior executive staff in the clinical governance unit to note it, and also to allow for a timely response. It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30th 2009 I again emailed Dr Storm (with an attached copy of my complaint) stating that I had not heard from the SSWAHS about any outcome in respect of my complaint against Mr Fanker. I received a response by email from Dr Storm on May 4th in which he stated: “Please be advised that Mr Fanker has been provided with a copy of your complaint and is being given an opportunity to respond.” This does not indicate that the usual procedure for dealing with a complaint or incident was being followed by Dr Storm. His final paragraph stated: “I will inform you of the outcome of my enquiries, in due course.” To this date I had no further response from Dr Storm as to the outcome of his enquiries. On March 19th 2009 while on sick leave from the organisation I sent an email to Ms Jacqui Clark the Acting Manager of Human Resources – SSWAHS to express my concern that personal information about myself, including the fact that I was on leave from my position, was made known to the organisation’s client who was harassing me. The client began to publish comments on his internet blog that directly conveyed his intimate knowledge of my being on leave, but also the nature and duration of that leave. The client went so far as to publish the fact that the investigation was almost at an end (of which I had not been informed), that the outcome would be negative for me, and that I would most likely be offered retirement or the capacity to be allowed to plead work related stress. I received no response from the SSWAHS Human Resources Department about any breach of my confidentiality by persons from within the Area Health Service to the organisation’s client.
Between May 4th 2009 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 simply forwarded on by myself to the key senior Executive members of the SSWAHS already involved in the investigation. This was an attempt on my part to alert the organisation that the activities of their client remained harassing and threatening to myself 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 myself 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 the foregoing indicates that the SSWAHS discriminated against me in my employment with them, and in my capacity to perform my clinical duties subsequently. I believe that the SSWAHS did not provide the safe working environment to myself usually expected by from an employer by an employee. In that they did not offer support to me when it was reported to them by other staff that the client of the organisation was seeking me “to blow my head off”. This threat was conveyed to me while I was in the presence of Dr Angelo Virgona. This stated threat was also repeated to my immediate line Manager Mr William Midson, and to Mr Scott Fanker and to Ms Belinda Woolley on more than one occasion.
An attempt by me to gain some personal duress security alarms for myself and my staff in about 2006 was terminated by Ms Jan Whalan. I was advised by Dr Angelo Virgona that the reason for not providing them was that Ms Jan Whalan reportedly said that every community based nurse would want access to one. The fact that Mr Scott Fanker also heard the client, with whom he was very familiar, recording defamatory and threatening comments about an elderly female staff member should have indicated to a senior executive member of the Mental Health Service that the client of the organisation presented a real danger to staff of the service. Yet nothing was done by SSWAHS to lessen that potential danger.
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 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.Since my termination from the SSWAHS I have been reported to the HCCC and to the NSW Nurses and Midwives Registration Board and the NSW Psychologists Registration Board by Ms Jan Whalan (Director for Corporate Services-SSWAHS). I have responded willingly to the HCCC and to the registrations boards and have been informed by them that they are satisfied that I remain a fit and proper person to practise my professions. However, the path to developing my private practice has been set with many hurdles, primarily due to the behaviour of the Area Health Service staff in dealing with the issues of staff safety, confidentiality and support.
The purpose of this letter, therefore, is to:
- inform you of those issues endemic in the mental health services in SSWAHS;
- seek an apology from SSWAHS for the emotional hurt and harm they have done to me and my professional reputation; and,
- address the shortcomings in the SSWAHS mental health service, particularly in this rural area.
Kevin O’Neill
Tuesday, November 2, 2010
SSWAHS and the writing on the wall. Time's up!
Socrates has been informed that there has been no response to the series of complaints made by one resident of the Southern Highlands to SSWAHS and NSW Health more than 11 months ago. It would appear that even the email to Mr Graeme Slade, the SSWAHS Designated Senior Complaints Officer, appears to have been unanswered. Well, Socrates suggests that any reasonable citizen of the old Athenian culture would suggest that time is of the essence in the delivery of the democratic responsibilities of government, whether it be of an organisation, or a State.
For this reason the complainant has now made available some of the complaints made to the NSW Ministers for Health, about one year ago, and as yet unanswered. Socrates suggests that reader can make their own determination as to whether these complaints were justified concerns.
Ms Carmel Tebbutt, MPMinister for Health
For this reason the complainant has now made available some of the complaints made to the NSW Ministers for Health, about one year ago, and as yet unanswered. Socrates suggests that reader can make their own determination as to whether these complaints were justified concerns.
Ms Carmel Tebbutt, MPMinister for Health
Level 30, Governor Macquarie Tower
1 Farrer Place
Sydney NSW 2000
4 November 2009
Dear Ms Tebbutt
RE: Complaint against the Sydney South West Area Health Service
I write to you on advice from the NSW Ombudsman’s office as the specifics of my complaint should be first forwarded to you as Minister for Health. My complaint relates to senior executive staff of the Area Health Service and, in particular, to two senior members of its Division of Mental Health. The following are the facts as I stated them previously to the NSW Ombudsman.
- On February 24th, 2009 I spoke by telephone with Dr Victor Storm, Clinical Director SSWAHS Mental Health, in respect of a formal complaint I was lodging against Mr Scott Fanker. I did so, and emailed it to Dr Storm’s organisational email address that same day.
- It is my understanding that all complaints or incidents to any NSW Health organisation have to be entered and managed on the electronic incident monitoring and management system (AIMS or IMMS). This allows senior executive staff in the clinical governance unit to note it, and also to allow for a timely response to it.
- It would appear (perhaps by his own admission) that this protocol was not followed by Dr Storm. On April 30th 2009 I again emailed Dr Storm (with an attached copy of my complaint) stating that I had not heard from the SSWAHS about any outcome in respect of my complaint against Mr Fanker.
- I received a response by email from Dr Storm on May 4th (the day of my termination) in which he stated: “Please be advised that Mr Fanker has been provided with a copy of your complaint and is being given an opportunity to respond.” This does not indicate that the usual procedure for dealing with a complaint or incident was being followed by Dr Storm. His final paragraph stated: “I will inform you of the outcome of my enquiries, in due course.”
- To the current date I have had no further response from Dr Storm as to the outcome of his enquiries.
Since my termination from the SSWAHS I have been reported to the HCCC and to the NSW Nurses and Midwives Registration Board and the NSW Psychologists Registration Board by Ms Jan Whalan (Director for Corporate Services-SSWAHS).
I have responded willingly to the HCCC and to the registrations boards and have been informed by them that no action against me will be taken and that they are satisfied that I remain a fit and proper person to practise my professions. However, the path to developing my private practice has been set with many hurdles, primarily due to the behaviour of the Area Health Service staff in dealing with the issues of staff safety, confidentiality and support.
A more detailed letter concerning those issues has been forwarded to the Hon. Mrs Barbara Perry, MP for her consideration as Minister assisting you in matters of Mental Health and Cancer.
The purpose of this letter, therefore, is to:
- inform you of those issues suggesting the inappropriate way a complaint is dealt with in the SSWAHS;
- indicate the lack of response to a serious complaint related to the Code of Conduct against a senior manager of the SSWAHS;
- seek an apology from Dr Storm and the SSWAHS for the delay in his/its investigation of my complaint.
- seek an independent review of the complaint that I made against Mr Scott Fanker and the conflict of interest and improper conduct of his investigation of allegations made against me by a client of the organisation.
- seek an explanation from Dr Storm as to why he failed to implement usual NSW Health protocol for dealing with complaints, that is, electronic documentation and lodgement, and review by independent persons within the organisation of SSWAHS.
- seek an apology from SSWAHS for the emotional hurt and harm they have done to me and my professional reputation; and,
- address the shortcomings in clinical governance in the SSWAHS mental health service, particularly in this rural area.
Yours sincerely,
Kevin O’Neill
Sunday, October 24, 2010
SSWAHS and its idea of its OH&S responsibilities.
Socrates found this article in an archived version of "The Lamp"which is the official Journal of the NSW Nurses Association.
Addressing risks for community-based mental health nurses
Lamp, The, July, 2009 by Kevin O’Neill
I was delighted to see that Melbourne’s St Vincent’s Hospital has considered the risks experienced by their community-based mental health nurse equal to, or sometimes even
greater than, those faced by their in-patient unit colleagues. I think expenditure of $9,000
to kit out home visiting staff with the ‘panic button phones’ (p8, The Lamp, May issue) shows that at least St Vincent’s is taking their risk management seriously.
About three years ago I worked with a supplier of duress alarms to mental health in-patient units in Sydney South West AHS (SSWAHS) to develop a mobile duress unit similar to the principle now adopted by the St Vincent’s Mental Health Services. The device the manufacturer came up with consisted of a portable, car-based unit containing a GPS unit and a mobile phone that acted as a transmitter.
The mental health worker carried the standard duress alarm commonly used within in-patient units. When activated, it sent a duress signal to the transmitter located in the work vehicle, which in turn sent the signal as a recorded message to a receiving mobile phone and computer at the worker’s home base. The GPS allowed the placement of the work vehicle to be identified and sent to the receiving mobile phone along with the emergency message.
The beauty of this system was the alarm could be raised silently by the push of a button, and if the staff member was knocked down, or the unit was pulled from the worker’s belt or clothing, it would be activated automatically.
To test the unit in our rural area, I spent the better part of a Sunday travelling all over the Southern Highlands activating the unit for an assessment of its effectiveness. Wherever there was a signal from a mobile phone tower, the GPS report and an emergency message was received.
When I asked for funding for a trial project of the duress alarm it was refused by SSWAHS. I was informed that the Area Health Service (Ms Jan Whalan) opposed the trial on the basis that if it worked, all community-based nurses would want them. It seems that Melbourne, at least, values
their responsibility to provide a safe work environment with something more practical than just words in a policy.
Kevin O’Neill, RN, Wingecarribee Community Health
Addressing risks for community-based mental health nurses
Lamp, The, July, 2009 by Kevin O’Neill
I was delighted to see that Melbourne’s St Vincent’s Hospital has considered the risks experienced by their community-based mental health nurse equal to, or sometimes even
greater than, those faced by their in-patient unit colleagues. I think expenditure of $9,000
to kit out home visiting staff with the ‘panic button phones’ (p8, The Lamp, May issue) shows that at least St Vincent’s is taking their risk management seriously.
About three years ago I worked with a supplier of duress alarms to mental health in-patient units in Sydney South West AHS (SSWAHS) to develop a mobile duress unit similar to the principle now adopted by the St Vincent’s Mental Health Services. The device the manufacturer came up with consisted of a portable, car-based unit containing a GPS unit and a mobile phone that acted as a transmitter.
The mental health worker carried the standard duress alarm commonly used within in-patient units. When activated, it sent a duress signal to the transmitter located in the work vehicle, which in turn sent the signal as a recorded message to a receiving mobile phone and computer at the worker’s home base. The GPS allowed the placement of the work vehicle to be identified and sent to the receiving mobile phone along with the emergency message.
The beauty of this system was the alarm could be raised silently by the push of a button, and if the staff member was knocked down, or the unit was pulled from the worker’s belt or clothing, it would be activated automatically.
To test the unit in our rural area, I spent the better part of a Sunday travelling all over the Southern Highlands activating the unit for an assessment of its effectiveness. Wherever there was a signal from a mobile phone tower, the GPS report and an emergency message was received.
When I asked for funding for a trial project of the duress alarm it was refused by SSWAHS. I was informed that the Area Health Service (Ms Jan Whalan) opposed the trial on the basis that if it worked, all community-based nurses would want them. It seems that Melbourne, at least, values
their responsibility to provide a safe work environment with something more practical than just words in a policy.
Kevin O’Neill, RN, Wingecarribee Community Health
SSWAHS and Jan Whalan: Micro-management in action!
Socrates has acquired this little gem which demonstrates just how SSWAHS Executive like to keep a stranglehold (sorry, "finger") on the pulse of their whole organisation. This is an "out-of-office" response to an email sent in mid-2009 to Ms Jan Whalan, the Director of Corporate Services for SSWAHS and the Deputy CEO. It would not be unreasonable to suggest that with the change to the Local Area Health Networks, and the change to the current SSWAHS, Ms Whalan could very well be the new Chief Executive of the Liverpool to Bowral health service. May the Gods help us all!
From the email of Jan Whalan:
I will be on leave from 12 – 26 June 2009 (inclusive).
During this period, my emails will not be forwarded; and you should direct any enquiries to the following people:
- Accounts enquiries from suppliers/NSW Health – Candy Cheng
- Complaints management – Jacqui Clark or Belinda Woolley
- Contracts/Agreements – Belinda Woolley
- Corporate IIMS – Maria Kokkinakos
- Criminal Record Checks – Charlotte Roberts
- Data Security – Charlotte Roberts
- Discrimination cases – Belinda Woolley
- FOI Applications & questions – Belinda Woolley
- “Garling”/SCI/Caring Together enquiries – Maria Kokkinakos
- General enquiries – Erin Chadwick (to 19/6/09), then Peter Reisinger
- HRIS – Bernie Cotter
- HSS – Candy Cheng / Mark Scragg – for liaison with CE, as required
- Legal Issues – Belinda Woolley
- Payroll – Luisa Nobrega
- Privacy; Internal Reviews (FOI/Privacy) – Charlotte Roberts
- Records management – Charlotte Roberts
- Reporting Serious incidents/charges/convictions – Charlotte Roberts
- Risk Management/TMF/Insurance – Margy Halliday
- Tendering / Purchasing / Supply – Mark Scragg
- Terminations - Sign off prior to going to CE – Belinda Woolley
- Transport Services – Mark Sterrey
- WorkCover activity – Margy Halliday
Sue Cheadle can be contacted on 9515 9640; and Erin Chadwick (up to 19/6/09) and Peter Reisinger (after 19/6/09) can be contacted via the switchboard (9515 9600) for assistance.
From the email of Jan Whalan:
I will be on leave from 12 – 26 June 2009 (inclusive).
During this period, my emails will not be forwarded; and you should direct any enquiries to the following people:
- Accounts enquiries from suppliers/NSW Health – Candy Cheng
- Complaints management – Jacqui Clark or Belinda Woolley
- Contracts/Agreements – Belinda Woolley
- Corporate IIMS – Maria Kokkinakos
- Criminal Record Checks – Charlotte Roberts
- Data Security – Charlotte Roberts
- Discrimination cases – Belinda Woolley
- FOI Applications & questions – Belinda Woolley
- “Garling”/SCI/Caring Together enquiries – Maria Kokkinakos
- General enquiries – Erin Chadwick (to 19/6/09), then Peter Reisinger
- HRIS – Bernie Cotter
- HSS – Candy Cheng / Mark Scragg – for liaison with CE, as required
- Legal Issues – Belinda Woolley
- Payroll – Luisa Nobrega
- Privacy; Internal Reviews (FOI/Privacy) – Charlotte Roberts
- Records management – Charlotte Roberts
- Reporting Serious incidents/charges/convictions – Charlotte Roberts
- Risk Management/TMF/Insurance – Margy Halliday
- Tendering / Purchasing / Supply – Mark Scragg
- Terminations - Sign off prior to going to CE – Belinda Woolley
- Transport Services – Mark Sterrey
- WorkCover activity – Margy Halliday
Sue Cheadle can be contacted on 9515 9640; and Erin Chadwick (up to 19/6/09) and Peter Reisinger (after 19/6/09) can be contacted via the switchboard (9515 9600) for assistance.
Sunday, October 3, 2010
SSWAHS rebirthed: Will it make any difference to the Southern Highlands?
Well, now we have it - the news that Bowral and the Southern Highlands is back in the clutches of the same crew who have already caused us much grief over the past five years - the SSWAHS Executive.
The Local Health Networks have been announced. The likelihood that there will be little change made at the top levels of the current SSWAHS Executive except for some sideways movement. Socrates, in consulting with the Delphi Oracles, predicts that Mike Wallace current CEO will be given the plum job of managing one of the three Clinical Support Clusters. This will allow his current Deputy, Jan Whalan, to be given the position of the Chief Executive Officer of the rebirthed SSWAHS.
Will anything change? No! Most likely Ms Whalan will be closely following the party line of her mentor Mr Wallace and continue to move the essential services needed by the residents of the Southern Highlands towards Liverpool and Campbelltown Hospitals. There has been no show or recognition by Ms Whalan in the past, since the time she joined Mike Wallace, that she has any understanding of what are the health needs of the Southern Highlanders.
Socrates has no recollection of Ms Whalan ever visiting or engaging in any community forum about what even the most basic services are needed for our population. To use the phrase that typifies any big conglomerate - Ms Whalan seems to be focused on the big end of the SSWAHS empire.
What can we expect from these changes? After all, both the Premier and the Minister have assured all that the Local Health Networks will have representation from clinicians, and community members. It would appear to Socrates that those clinicians who want machines that go "ping" or new buildings to house them will be already be putting their names forward for the few places on these tokenistic committees. The "community members" will be placed in the invidious situation of having to compete with other communities for the health resources that will be on offer. I can imagine that community members on these Committees, in Liverpool or Campbelltown, will be convinced by Ms Whalan and her Executive that the people in the Southern Highlands can travel to Campbelltown and Liverpool hospitals if they have any need for clinical help or treatment.
Bowral health services and the Southern Highlands will continue to be seen as the rural outpost of the metropolitan SSWAHS, serviced by the dedicated band of local clinicians and supported by the local community. Socrates has the vision of, and similarity to, the fabled "lost patrol". We, in the Southern Highlands are destined to be just wandering round and around, somehow never connecting with the rest of the rebirthed SSWAHS.
The Local Health Networks have been announced. The likelihood that there will be little change made at the top levels of the current SSWAHS Executive except for some sideways movement. Socrates, in consulting with the Delphi Oracles, predicts that Mike Wallace current CEO will be given the plum job of managing one of the three Clinical Support Clusters. This will allow his current Deputy, Jan Whalan, to be given the position of the Chief Executive Officer of the rebirthed SSWAHS.
Will anything change? No! Most likely Ms Whalan will be closely following the party line of her mentor Mr Wallace and continue to move the essential services needed by the residents of the Southern Highlands towards Liverpool and Campbelltown Hospitals. There has been no show or recognition by Ms Whalan in the past, since the time she joined Mike Wallace, that she has any understanding of what are the health needs of the Southern Highlanders.
Socrates has no recollection of Ms Whalan ever visiting or engaging in any community forum about what even the most basic services are needed for our population. To use the phrase that typifies any big conglomerate - Ms Whalan seems to be focused on the big end of the SSWAHS empire.
What can we expect from these changes? After all, both the Premier and the Minister have assured all that the Local Health Networks will have representation from clinicians, and community members. It would appear to Socrates that those clinicians who want machines that go "ping" or new buildings to house them will be already be putting their names forward for the few places on these tokenistic committees. The "community members" will be placed in the invidious situation of having to compete with other communities for the health resources that will be on offer. I can imagine that community members on these Committees, in Liverpool or Campbelltown, will be convinced by Ms Whalan and her Executive that the people in the Southern Highlands can travel to Campbelltown and Liverpool hospitals if they have any need for clinical help or treatment.
Bowral health services and the Southern Highlands will continue to be seen as the rural outpost of the metropolitan SSWAHS, serviced by the dedicated band of local clinicians and supported by the local community. Socrates has the vision of, and similarity to, the fabled "lost patrol". We, in the Southern Highlands are destined to be just wandering round and around, somehow never connecting with the rest of the rebirthed SSWAHS.
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