Thursday, December 01, 2005

Whistleblower acts

Call for protection of 'vulnerable' whistleblowers

The Bundaberg hospital inquiry has sparked calls for more protection of whistleblowers.ABC TV

The author of the report into Queensland Public Hospitals says whistleblowers need more protection.

The initial Bundaberg Hospital inquiry was sparked by a nurse who took her concerns about patient safety to a state MP.

Nurse Toni Hoffman was concerned about the actions of surgeon Jayant Patel, who is now linked to the deaths of 13 patients and numerous complaints of botched surgery.

In his report - which was tabled in State Parliament yesterday - Commissioner Geoff Davies proposed reforms to the Whistleblowers Protection Act.

He wants the Queensland ombudsman to take an oversight role in relation to all public interest disclosures, except those involving official misconduct.

He also recommended an expansion to the categories of persons who can make public interest disclosures involving dangers to public health and safety, and improper management of funds.

The Commissioner also recommended whistleblowers be allowed to escalate their concerns if action is not taken within 30 days by the relevant department, politicians or the media.

The lawyer representing the Bundaberg Hospital Patients Support Group says the report strengthens compensation claims.

Former patients of rogue Dr Patel are currently going through a special "one-off" compensation process with the State Government.

Ian Brown, the lawyer representing the patient support group, says the Davies report only strengthens their case.

He added that patients who had adverse outcomes after orthopaedic surgery at Hervey Bay Hospital are in the same boat.

"They should be afforded the exact same special consideration that's been proposed for Bundaberg Hospital patients," he said.

The commissioner yesterday made adverse findings against the hospital's director of orthopaedics, Dr Morgan Naidoo, and administrators Michael Allsopp and Dr Terrence Hanelt.

Meanwhile the Mental Health Fellowship says it is disappointed the report left out recommendations for mental health patients.

Commissioner Davies has recommended that a psychiatrist who worked at the Townsville Hospital be charged with fraud, forgery and assault.

Vincent Berg worked in the region about five years ago.

Philipa Harris from the Mental Health Fellowship says Mr Berg's former patients were not mentioned in the Davies report.

"We are a bit disappointed in the outcome of the inquiry. Whilst we know it was focusing on hospitals, we need to recognise particularly in the mental health field but really in all health fields that hospital is only one part of the recovery process and often it's only the acute part," she said.

"If we don't get it right other things are obviously not going to go well."