Queensland Health Victim
Support Service
Promoting Balance
in the
Forensic Mental
Health System
A Victim’s Perspective
Nicole Carmichael
Victim Support Coordinator, QHVSS
Overview:
• QHVSS- How we came about
• What we do
• Illustrate with a case study
• Provide additional resources
How We Came About:
•
Media- public outcry regarding forensic
mental health system
•
Promoting Balance in the Forensic
Mental Health System: Review of the
Qld Mental Health Act 2000
•
Legislative Changes:
• Patient Information Orders
• Victim submissions/ statements
•
Establishment of QHVSS
• February 2008
Courier Mail 2006
What We Do:
•
Statewide service assisting victims of mentally ill offenders
•
Help clients understand and navigate the forensic mental health system
• Mental Health Court
• Mental Health Review Tribunal
•
Patient Information Orders
• Assistance with applications
• Providing approved information related to safety and wellbeing
•
Raise awareness of victim issues
• Training
• Research
Who we assist:
• Victims where offender is diverted from CJS
to FMHS
• Harmed directly or indirectly by the offence
• other concerned persons
• family members of deceased victims
• The “silent victims”- offender’s family
Case Study…
The Offence:
•
John (20 yrs) and Adam (19 years) were
flatmates
•
Adam entered John’s room whilst John was
studying and stabbed him with a kitchen knife
•
John suffered multiple stab wounds and taken
to hospital for treatment
•
Adam arrested and taken to the watch house
•
Charges: Attempted murder, Unlawful
wounding
•
Adam transferred to an authorised mental
health service as a classified patient
Case Study…
“What happens next?”
• QPS identify victim and refer to QHVSS
• Meet with John and his parents
• Explain rights and entitlement to CPIO and offer
support and assistance
• AMHS treating psychiatrist refers Adam’s mother
• Separate coordinators allocated
• Adam diagnosed with Schizophrenia
• Reference made to Mental Health Court
Case Study…
“How does Mental Health Court work?”
• Mental Health Court determines
criminal responsibility
• Deprivation of capacity; S27 Qld’s
Criminal Code
• Assist with Victim Statement
• Mental Health Court Support
• MHC finding of Unsound Mind and a
Forensic Order made
Supreme Court
Case Study …
“Has he gotten away with it?”
•
Mental Health Review
Tribunal hearings every 6
months
• Submissions
• Confidentiality
• Non contact provisions
•
Safety and recovery
Courier Mail 2006
Resources
QHVSS Resources
www.health.qld.gov.au/qhvss
Seeking Answers, Being Heard:
A Resource Guide for the Victims of Mentally Ill Offenders
Contact Details:
1800 208 005
Email [email protected]