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Parliamentary Questions


Question Without Notice No. 119 asked in the Legislative Assembly on 25 May 2021 by Dr D.J. Honey

Parliament: 41 Session: 1

CHILD AND ADOLESCENT HEALTH SERVICE — AISHWARYA ASWATH

119. Dr D.J. HONEY to the Minister for Health:

I refer to the reported refusal of the executive of the Child and Adolescent Health Service to endorse the SAC 1 clinical incident investigation report into Aishwarya Aswath until an independent investigation is completed. How can junior staff be referred to the Australian Health Practitioner Regulation Agency on the basis of a report that the executive considers incomplete, and how is this due process for the staff on the front line?

Mr R.H. COOK replied:

I thank the member for the question. Can I just counsel you, member: this is an issue about a little girl's death in a very tragic set of circumstances. From that point of view, it really does require a level of maturity in terms of how we approach this from a public point of view. We want to get the answers and we want to make sure that we provide some comfort to that family and that we continue to support the staff in that process.

As many people have observed, there are, I guess, some questions that have been raised in relation to the root-cause analysis between the findings and the recommendations. I will leave that for the experts to judge and to draw conclusions, which Dr Anwar is doing. The root-cause analysis is an entirely separate piece from the obligations of the executive under the national health services act. That requires the executive, or in this case what is referred to as a ''responsible authority'', to undertake certain actions under that act and, as a result, the executive has done just that. It has taken a course of action that has —

Dr D.J. Honey: It has never happened before.

Mr R.H. COOK: On many occasions, member. It is called a notification. It is not reporting, it is not apportioning blame and it is not a finding of judgement. It is simply saying that there is an issue, and under the act the responsible authority has an obligation to provide a notification. It is as simple as that, but I stress —

Dr D.J. Honey: It never happened before a coronial investigation.

Mr R.H. COOK: Again, I just want to counsel everyone. This involves important issues. It is an issue with respect to a little girl's death, and we want to continue to get answers, but we need to actually do that in a respectful and dignified way.

It also involves, obviously, the death of a little girl in a clinical setting, which puts extreme pressure and focus on that. We have to let the experts undertake their obligations and responsibilities under a whole range of acts, and that is what the responsible authority—in this case, the chief executive of the Child and Adolescent Health Service—is required to do; that is, to notify AHPRA in this context of an incident. It is not—I stress—it is not a question of blame and it is not a question of judgement. That is not for us to do. That is the responsibility of the experts. We should stop trying to put a political lens over this, and allow the process to take its course.

The SPEAKER: Are there any petitions?

Dr D.J. Honey: I have a supplementary question.

The SPEAKER: Sorry, that was the last question, and I think you have a matter of public interest on the same topic, so I am calling for petitions. No petitions? Papers for tabling.