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QNU Press Release - April 2005
20 April 2005
QNU pushes for State Royal Commission of inquiry to investigate Queensland Health’s secretive and dismissive corporate culture
Royal Commission of Inquiry into matters arising from the appointment of Dr Jayant Patel at Bundaberg Hospital
- Terms of reference must make the inquiry conduct a Statewide investigation of Queensland Health’s secretive and dismissive corporate culture and the way the Department handles internal complaints and complainants
- A widespread inquiry into the health system is probably too much to expect of a State-based inquiry – it would need to spend a lot of time looking at the impact of federal policy settings in areas such as universities, support for private health insurance, aged care, skilled migration and so on.
The terms of reference for the State Royal Commission of Inquiry into matters arising from the appointment of Dr Jayant Patel at Bundaberg Hospital must include a provision that makes the inquiry conduct a Statewide investigation of Queensland Health’s secretive and dismissive corporate culture and the way the Department handles internal complaints and complainants, the Queensland Nurses Union (QNU) said today.
QNU secretary, Gay Hawksworth, said the dismissive treatment of the complainant nurses at Bundaberg Base Hospital is not unique to this case or this Queensland Health facility.
“The so-called managerial practice of ‘shooting the messenger’ is a common experience amongst Queensland Health employees, especially nurses, and has been for years. The QNU has long argued it is an unacceptable practice because it nullifies a vital part of the system of checks-and-balances that is meant to exist in our society and our health system,” Ms Hawksworth said.
“The Patel case shows that, even if regulators such as the Medical Board slip up, fellow clinicians often quickly pick up serious deficiencies in a person’s clinical practice or serious problems with their workplace behaviour. However, if they are unable to get management to listen then the original slip up is compounded, innocent people get hurt and the effectiveness of our valuable public institutions is undermined.
“The Queensland people and the Queensland Government cannot afford to have the current secretive and dismissive corporate culture continue in one of its key social service departments. This Inquiry is a chance to effect long overdue reform and renewal in this regard in this department and come up with a process for identifying health service problems, facing them and fixing them.
“On the other hand, calls from some quarters for a wide-ranging inquiry into the whole Queensland health system are probably asking too much of a State-based inquiry. The reality is current federal policy settings are a major contributor to the problems, especially workforce problems, now facing public health systems around the country.
“An inquiry that wide ranging, rather than one concentrating on the administrative culture and practices of State departments and statutory authorities, will need to spend a lot of time looking at the impact of federal policies and practices in areas such as universities, support for private health insurance, aged care, skilled migration and so on.
“Everyone needs to understand that is what will be required of a genuine, widespread inquiry into the whole health system,” Ms Hawksworth said.
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15 April 2005
Allegations about surgical and management procedures at Bundaberg Base Hospital
* QNU refers Bundaberg Health District executive to CMC
* QNU asks Health Minister for a genuinely independent inquiry
The Queensland Nurses Union (QNU) has this afternoon written to the Crime and Misconduct Commission alleging official misconduct by three current members of the Bundaberg Health Service District and calling for the Commission to "undertake an independent investigation specifically looking at the official misconduct aspect of the senior executives of the Bundaberg Health Service District".
The complaints of official misconduct are in relation to the District executive's management of the serious concerns raised by various nursing staff regarding the clinical practice of Dr Jay Patel.
As more information comes to hand it may be that similar complaints are made against other senior Queensland Health officers.
The QNU has also indicated to the CMC that the complaints against Dr Patel, which the nurses made to their employer the Bundaberg Health Service District executive, should have been notified to the Crime and Misconduct Commission by the District Manager, pursuant to section 38 of the Crime and Misconduct Act 2001 which states:
"This section applies if a public official suspects that a complaint, or information or matter (also a "complaint") involves or may involve official misconduct. The public official must notify the Commission of the complaint"
The QNU has also, this afternoon, written to the Health Minister, Gordon Nuttall, expressing its reservations about the make-up of the review panel for the Bundaberg Hospital. The QNU has also advised the CMC it has no confidence in this process and that the Government's review "cannot be viewed as an independent investigation at all".
The QNU is concerned that at least three of the investigative team hold senior Queensland Health appointments and have close reporting links to the Director General.
QNU believes that in the best interests of the community and the staff of Bundaberg Hospital there can be no suggestion of bias or perceived bias and having three Queensland Health employees on the panel is open to question in that regard.
QNU secretary, Gay Hawksworth, said that, as the old saying goes, justice must not only be done, it must be seen to be done.
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13 April 2005
QNU seeks action over Bundaberg Base Hospital allegations
Allegations about surgical and management procedures at Bundaberg Base Hospital
- District manager should stand aside during review
- QNU officials to see coroner about at least five deaths
- QNU seeking advice on whether any Queensland Health officers are guilty of official misconduct for bullying or intimidating professional nurses who raised legitimate concerns
The Queensland Nurses Union (QNU), whose members first raised the concerns about Dr Jay Patel’s clinical practice at Bundaberg Base Hospital, today called on the State Government to stand aside Queensland Health’s Bundaberg District Manager, Peter Leck, pending the review of surgical and administrative practices at the hospital.
QNU secretary, Gay Hawksworth, said serious questions remain to be answered about Mr Leck’s conduct, especially towards his nursing staff, during this whole sad affair and it is inappropriate for him to be in a position of authority at the hospital while the review is underway.
“It might also be the case that other senior Queensland Health officials have a case to answer in terms of their treatment of the Bundaberg nurses who raised serious concerns about Dr Patel. We all have an obligation to expose serious problems in the workplace if we come across them and professional nurses have a special obligation because human well-being and even life is often at stake,” Ms Hawksworth said.
“It is totally inappropriate for managers or other senior officials to downplay allegations such as those raised by the nurses at the Bundaberg Base. It is also totally inappropriate to personally attack and intimidate them and we believe this may have occurred on a number of occasions since our members first raised concerns about Dr Patel in mid-2003.
“In fact, such behaviour could amount to official misconduct and the QNU is seeking advice on whether a number of senior Queensland Health officials should be investigated for official misconduct in this case.
“The QNU also has appointments to see the chief health officer and the coroner, to discuss possible breaches of the Coroner’s Act in relation to the death’s of at least five of Dr Patel’s patients at Bundaberg Base Hospital.”
The Coroners Act at Section 8 (3) (d) defines a reportable death this way: "the death was not reasonably expected to be the outcome of a health procedure”. Examples of this, such as the following, are included in the Act (page 11):
- A person's bowel is mistakenly perforated during an operation. Because of this the person develops peritonitis and dies. Death from peritonitis was not reasonably expected to be the outcome of the operation
Ms Hawksworth said QNU officials, on behalf of members, will discuss at least five deaths at Bundaberg Base resulting from very complex procedures such as Gastro-Oesphagectomies (removal of the oesophagus -generally for cancer, via chest and abdominal incisions) performed by Dr Patel.
“For a start it is not appropriate to be conducting Gastro-Oesphagectomies at a Base hospital such as Bundaberg. They should only be performed at a tertiary hospital such as the Royal Brisbane. Secondly, in some of these cases, QNU members have raised concerns about the content of death certificates issued by Dr Patel.
“In another case Dr Patel performed a Whipple’s procedure – a major abdominal surgical procedure involving the excision of large parts of the abdominal organ systems, usually because of cancer – and the person died in the post-operative period.
“Our members also don’t believe this death certificate properly reflects the impact of the surgical procedure in this death. These are the types of issues the coroner needs to investigate. The coroner needs to ensure that death certificates accurately reflect the real cause of death.
“If they don’t then more serious issues may need to be addressed,” Ms Hawksworth said.
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5 April 2005
Nurses slam AMA’s outrageous attack on Nurse Practitioners
Attempt to denigrate nurses will not stop progress
This week’s claims by the AMA’s Council of General Practice (AMACGP) that “a move to independent nurse practitioners would dumb down the Australian health system” are an erroneous and outrageous slur on professional nurses, which do nothing to progress the nation’s health system, the Queensland Nurses Union (QNU) said today.
The QNU was responding to statements by AMACGP chair, Dr Rod Pearce, about Nurse Practitioners and General Practice Nurses after a weekend meeting of the AMACGP.
QNU secretary, Gay Hawksworth, said Nurse Practitioners are highly experienced and qualified registered nurses in their area of practice.
“The minimum education requirement for Nurse Practitioners in Queensland will be Masters degree level. It is totally inappropriate to insinuate that people with such high levels of skill, experience and education in their areas of practice will ‘dumb down’ the health system,” Ms Hawksworth said.
“Such statements also lack credibility given the AMAQ’s involvement in the Nurse Practitioner trial in Queensland. The Nurse Practitioner role is being developed within a multidisciplinary Steering Committee, consisting of all health stakeholders including AMAQ and the Queensland Division of General Practice. This has been running for at least the last 3 years.
“The role of Nurse Practitioner has also been successfully implemented in most States of Australia, including NSW, Victoria, South Australia, Western Australia and the ACT, and internationally.
“In every case health services have been enhanced and greater team work amongst health professionals achieved. Nurse Practitioners are not, and do not want to be, doctors. They will simply use the extensive clinical experience they have to improve the provision of various health services. This attempt by the AMA to denigrate them will not stop progress,” Ms Hawksworth said.
In summary, the Nurse Practitioner program provides specialist nurses with greater clinical authority, such as the right to prescribe some medications and order diagnostic tests without requiring the approval of a doctor. These nurses are able to provide a wider range of services, within clinical guidelines, than nurses can now legally provide. | 
