1. Private & Confidential Page 1 29/10/2011
A Gelicrisio (Dyer)
FITZROY, VIC 3056
28th
September, 2011
PRIVATE AND CONFIDENTIAL
Attn: Dr Ruth Vine
Chief Psychiatrist
Level 17, 50 Lonsdale Street
Melbourne 3000
C/C – Melbourne Children’s Court, Victoria (Attn: Hon. Grant)
Re: Breech of the Mental Health Act, 1986
Case No# B12570441 & Case No# 5216/2011; Blake & Kristen Dyer
(Ref: Legal Files – (1) 19073+AaDyerGand (2) 19013+AnnAa)
Information Posted online: Linked-in, Face-book and sent via ag12@y7mail.com
To Whom It May Concern,
I would like to take this opportunity to address the following matters of
concern, as listed below:
Thursday 8th
September, 2011
My mother has raised me in a domestic violent house hold, where she
subjected me to years of beatings; put downs and less favourable treatment
on a daily basis, because I did not fit her traditional ideas of a girl, one who
cooks and cleans up after the boys!
My mother and I engaged in heated argument over her disciplinary ideas for
my son Blake, who was at her house spending “boy” time with my father.
The argument with my mother ended with me threatening my mother with
the following statement, “if you so much as put one scratch on my son while
he is in your house spending time with dad, I will not hesitate in calling the
police and reporting you to DHS for not only the abuse you subjected me to
as a child (which never came to light) but also for hitting other people’s
children (Ixia and Nemesia) while in your care during the family day care
program that was run by the local council – a service that is supposedly
monitored by child protection services.
Ensuring my children are removed from my care permanently my complaints
and that of my children’s would effectively be silenced. I only visit my mother
once every six years...”
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Friday 9th
September, 2011
The next evening my son Blake called me to collect him from my mother’s
house, he was complaining of a sore back and failed to go into detail as to
what happened; my son seemed scared of my mother, he complained that
she was constantly running me down. My son Blake, was cut short of
conversation and call was terminated, not by me nor him.
I called a Taxi immediately, with no money to spare and in a great hurry I
ordered the Taxi Driver to my mother’s house to collect my son; I promised
to pay the bill upon arrival.
When I arrived at my mother house to collect my son no one answered the
front door after knocking several times in the presence of the taxi driver. My
mother refused to answer the door because she was on the phone to the
police lodging false complaints against me to prevent me from collecting my
son from her care; the police were on their way.
Upon arrival, the police found me at my neighbour’s house collecting fare for
the taxi driver parked outside.
I accompanied the police to my mother’s house and as I approached the
front gate my mother, in the presence of the police officer she became very
aggressive towards me, name calling me and carrying on in this manner
stating loudly, “I will show you now, I will show you…”; I trusted they would
act impartial ensuring my protection.
The police officers had explained in brief that my mother called on them
because she believes that I am a danger to myself and to the community;
she was supported by my adult siblings waiting quietly in the neighbouring
kitchen.
The police officer went on to explain that he will be calling an ambulance who
will be accompanied by the CATT Team for an on the spot assessment and
that the CATT Team officer will determine whether I need to be accompanied
to the hospital for a psychiatric evaluation or not!
It is my understanding that the police do not have the authority to override
the decision of the CATT Team after an assessment, it’s against code of
conduct rules.
I was questioned and assessed on my mother couch by the officer for a
period of approximately half an hour; who did not deemed it necessary for
me to be taken into hospital for a psychiatric evaluation as she clearly stated
that I did not meet all 5 criteria of section 8.1 of the Mental Health Act and
therefore I cannot be taken in under section 9 of the ACT; instead this officer
had observed that there is obviously a communication breakdown between
my mother and me and that we need the opportunity to talk about it. I
insisted on seeing my son, as I’ve come to collect him from my mother’s
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house, who has prevented me from doing so by not answering the door at
the time of arrival.
My mother was outraged and in a hurry called for a meeting in the kitchen
with the police officers and my adult siblings, outnumbering my complaints, 4
against 1.
One of the police officers, Narelle, was a childhood friend of my brother
Matthew and as an adult, had strong ties with my parents because her family
lived just around the corner. She should not have been called to the scene
due to a possible conflict of interest (...and in court, she testified in my
mother’s favour).
The police officer came out of the kitchen and overruled the decision of the
CATT Team Officer and apprehended me under section 10 of the Mental
Health Act; I was driven to the Emergency Ward in the back of the police van
(Patient No#975103).
Despite being escorted by police, nursing staff could not figure out what on
earth I was doing in their observation ward under the strict guard of police,
as I did not look dangerous; however, they adhered to the strict instructions
of police to detain me much to their disapproval.
I was heartbroken and co-operated with authority in trust that the police
would do their job well and everything would get sorted out quickly; my
mobile phone was removed and my bag along with a camera containing
video evidence (and confidential documents) confiscated by police; which
were never returned back to me.
I was refused phone calls to calls for legal advice and to make contact with
my son and was placed under strict police surveillance in the Hospital
Emergency Ward while waiting for a doctor to see me.
Saturday 10th
September, 2011
The following morning the same night staff from that hospital once again
voiced their confusion as to what I was doing in their care and could not
understand the need for such treatment upon observing me for 12 straight
hours; they had my full co-operation and did not deem a psychiatric
evaluation necessary nor did I fit all five criteria of section 8.1 of the Mental
Health Act in accordance to their observation. When I asked for my release, I
was told it's police matter who have given strict instruction not to release me
- I was being held like a criminal needlessly and against my will - nor allowed
telephone access effectively preventing me from calling a lawyer.
The doctor on duty, Michelle O'Brien, assessed me at approximately 1:30am
stated that she was worried I seemed stressed and as a result will
recommend me for involuntary treatment order, to be admitted into a
Psychiatric Hospital. A nurse on duty who strongly disagreed with Ms O'Brien
paid me a brief visit after the assessment and advised me to call a lawyer as
it is not unreasonable for any mother who has been prevented from
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collecting her children and denied vital communication to seek legal advice to
be stressed. She said anyone else would be ripping the walls down and
further added that they way I have conducted myself under the
circumstances is a clear indication of a healthy mind - as it is her
observation. She was not a treating psychiatrist however, it was her opinion
that there are no signs of a mental illness. She walked out in a rush to speak
with the head of unit and was stopped by police in the hallway who pulled
her aside and out of sight; she did not return to grant me my rights, which
was her intention.
Ms O'Brien re-entered where I was sitting quietly awaiting for my release; I
co-operated and patiently re-explained my position, of how my mother had
simply made concurrent threats, consistent with the sudden turn of events,
upon me threatening to expose years of abuse that I was subjected to as a
child in her care and her actions were as a result of threatening to expose
her care standards while working for The Family Day Care Program, a
programme funded by DHS and monitored by the Department of Child
Protection. I continued informing her that my mother phoned the police on
false pretences to prevent me from collecting my son from her care.
Ms O'Brien did not seem sure of her decision to proceed with psychiatric
treatment and stated that another consultant psychiatrist on duty will again
assess me in the morning to determine the outcome; she was not convinced
that I met all 5 criteria of section 8.1 of the Mental Health Act and she wasn't
the only one.
While being detained in the emergency ward, I was repeatedly denied phone
calls to call for legal representation/advice; I was also denied the opportunity
to contact my employer and my accommodation to delay rent payments with
the real-estate in relation to a lease take over. As a result of being denied
timely phone calls, lost both jobs and my two bedroom high-rise rental
apartment in Lonsdale Street Melbourne City and representing myself in a
very complicated matter that could have been avoided with a phone call to a
lawyer. On a personal level, I was dealing with DHS placing my children in
my mother’s care who were lied to about my mental health.
I was admitted on Friday 9th September, 2011; and seen by a duty nurse
the next day, who did not deem medication necessary against the instruction
of the treating psychiatrist (who had not yet assessed me).
Sunday 11th
September, 2011
I was approached by Juliana the Consultant on duty who insisted on
examining me in the hallway by the wall phone with no privacy. Juliana also
rejected my right to legal assistance and (without my knowledge) continued
on with her assessment based on our four minute brief conversation in the
hallway. I was quickly section from 9 to 12 of the mental health act, which
gives the power to retain and restrain me under the act and force feed
medication for a mental illness that I have not been diagnosed to have. She
reported misleading information on my examination form;;; all I said to her
was that under the circumstances it’s not unreasonable to assume that
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someone failed to do their job properly in dealing with my case upon entry
into the Psychiatric Ward, due to the fact that I was not allowed phone calls
by police who removed my mobile phone and my right to legal representation
in terms of contacting a lawyer was denied upon detainment.
The above mentioned is a breech of the Mental Health Act, Section 18 (1)
(A), “... the right to obtain legal representation...”, and a breech of Section
18 (4) “...it is the duty of the authorising psychiatrist to ensure that this
section is complied with”.
Monday 12th
September, 2011
As a result of Sunday’s sectioning, I lost my rights to reject medication, leave
on my own accord and defend my parenting standards to see, to my
children’s welfare.
Every attempt I made to communicate with my children from the hospital
wall phone – a communal service – blocked by (a) nursing staff and (b) my
mother. The Department of Human Services/child Protection placed my
children in my mother’s temporary care; there were no court orders
preventing me from making contact with my children but my mother with
every bad intention, failed to pass on my message to my children and telling
them that I am in jail instead. The Department of Human Services who are
supposed to promote contact and restore relationships between family
members, found my mother’s behaviour entertaining.
Tuesday 13th
December, 2011
I asked the doctors not to be medicated so I can be coherent and reliable in
providing information for the purpose of exercising my rights to legal advice
and to complain through the correct channels in relation to my treatment; I
organised an appointment at 11am with a solicitor but could not attend as I
was denied leave.
I was on the phone to the Department of Human Services trying to make
contact with my children; a collective decision was then made by all team to
terminate my call and using force if need be, to take me to the High
Dependency Ward (HD) for “treatment”, where I was forced to negotiate
terms of stay.
Denying me the opportunity to seek legal advice was becoming a problem in
this hospital ward – a clear breach of the Mental Health Act – forcing me to
defend my entitlement to access justice services in order to exercise my right
to a fair go.
I was escorted (and made an example of) by the security guard to the
neighbouring HD ward, stripped searched and belongings removed. I was
threatened by five staff all standing over me with injections to sedate me
into submission. I am not easily intimidated and despite their bullying tactics
(again, a breach of the Mental Health Act) I insisted to exercise my right to
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legal representation prior to any further compliance in terms of a psychiatric
examination and further added that I will only consider oral medication (for a
condition that I have not been diagnosed to have) if it does not in any shape
or form prevent me from being able to adequately seek legal advice...’ As
nursing staff pulled away I heard them say amongst themselves, ‘she’s not
like other patients here, is she?’ and I yelled out, ‘yeah that’s right I’m not
like the others because I’m not supposed to be here, am I?’ I continued, ‘and
if you guys were going you job properly, I wouldn’t be here!’ They ordered
more medication... despite being sedated, I still managed to compile a 20
Page Court Ready Report to the Chief Psychiatrist of Victoria, Dr Ruth Vine –
which they failed to forward – that was presented to the Melbourne
Children’s Courts with some typing errors.
The Consultant Psychiatrist on duty thought the medication was not working,
as a result of compiling such documentation and doubled it; which enabled
me to sleep for longer. They could not work out how I knew what they
writing on my hospital files, which I was able to hold against them when I re-
gained consciousness, using the mind that they cannot sedate.
The above mentioned is a breech of the Mental Health Act, Section 18 (1)
(A), “... the right to obtain legal representation...”, and a breech of Section
18 (4) “...it is the duty of the authorising psychiatrist to ensure that this
section is complied with”.
Thursday 15th
September, 2011
I telephoned The Department of Human Services; I explained in brief that I
have been prevented from contacting my children since Friday 9th
September, 2011 and that there are no current orders in place.
I was concerned for my children’s welfare; I went on to explain the abusive
circumstances that I was subjected to as a child in my mother’s care, the
beatings, bruises and broken wrist and furthermore, the abuse my mother
subjected other children to in her paid care, while working for The Family
Day Care Program (run by the Williamstown Council and funded by DHS, a
programme that is supposed to be tightly monitored by child protection) and
before I got the chance to divulge the names of the children involved, Sophie
Clifford ended the conversation and the phone went dead, I was clearly cut
off.
Friday 16th
September, 2011
The consultant psychiatrist and the Department of Child Protection were
communicating in secret, organising a court hearing to remove my children.
Despite the fact that I am supposed to have adequate notice and the
opportunity to attend, they told me nothing about it; the application was
made by Aisling Carr from the Department of Child Protection and the
hospital had the cheek to give me half an hour notice prior to the scheduled
hearing, while in hospital being denied leave.
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I had no legal representation and was not granted leave and transport to
attend and therefore, I telephoned the Melbourne’s Children Court
immediately (a phone call that I had to fight senior staff for – verbally) and
got approval for an adjournment until 29th
September, 2011.
Is this how they take children from women in
Australia when they are wrong?
On Wednesday 21st
September, 2011, I will stand in front of the Mental
Health Review Board to appeal my status; request to be taken off section and
made voluntary with the intention to point out every single breach.
Monday 19th
September, 2011
I had a brief five minute conversation with Amy (the consultant psychiatrist)
who wanted to know if I think there are private investigators after me. She
added, that my brother Matthew (who had close ties with Narelle, the police
officer who attended my mother’s house on Friday 9th
September, 2011...)
had stated that we’ve been on the run for the past few years escaping
private investigators…; I did not agree and rolled my eyes backwards. I
replied, “there are no private investigators and I think the whole story is
ridiculous”; and that my socio-economic position is the major contributing
factor that I have had several address and not because we were on the run
from some rubbish private investigator story...’ I further added, ‘despite our
rental premises’ being sold quickly during the property market boom in
Western Australia, I still managed to hold down two major rental properties
both for a period of two and a-half years in both Victoria and Western
Australia.’
If I was on the run, why would I have remained in the same premises (until
sold by the owner) for a period of two and a half years? People who are on
the run don’t do that.
The Mental Health Act in Section 8(2)(m), clearly states that “a
person is not to be considered to be mentally ill by reason only of any
one or more of the following; (m) that the person has a particular
economic or social status...”
I made myself clear to Amy during our conversation that my priorities are
with my children and I would like regular contact with both my children and
the opportunity to follow up on my son’s complaints of a sore back without
any further delay, as he is living with my mother who has beaten me as a
child in her care and that understood, I am naturally concerned for his
welfare. My son has been my mother’s target since our return from New
Zealand, someone whom the department of child protection deems fit to look
after children!
Aimy walked out of the room and ignored my request.
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Sandeep (another psychiatrist) served me with documentation in preparation
for the appeal, scheduled to be heard on 21/9/95; as I did not agree with the
contents of the mentioned documentation, I wanted an opportunity to
formally respond.
I approached the nurses desk and asked to speak with my duty nurse, Ekura,
wanting to ask her if it would be ok for me to take my medication after
10:30pm, as I have an appeal approaching fast – that I may be forced to
represent myself – and feel I may need to work till late completing my
responses in due course? I further explained that I needed to be RELIABLE
IN DOCUMENTING INFORMATION and that I CAN NOT BE SEDATED WHILE
TRYING TO PRODUCE COURT DOCUMENTATION, AS IT WOULD COMPROMISE
MY RELIABILITY.
Ekura said “NO”, even after explaining to her that I had discussed it Sandeep
and he didn’t seem to have a problem with my reasoning.
Ekura out of the blue became very aggressive, as she did not believe my
communication with Sandeep had taken place; she began shouting at me
from over the counter calling me a “MANIPULATOR AND A LIAR; her tone of
voice was hostile and uninviting and Ekura’s behaviour was out of control,
ultimately making an example out of me to co-patients and senior staff who
failed to intervene.
I was not, under any circumstances, going to allow Ekura to provoke a
negative reaction out of me, as I was trying to avoid the HD Ward and
isolation, so I just let her carry on and began to write her put down’s on
paper from the other side of the front counter.
Ekura became outraged of my attempts to document her words and with
force, she snatched my documentation from under me (containing legal
notes in relation to the on-coming appeal), and stormed out, forcing me to
follow her into the computer room (to retrieve my confidential documents)
where I was isolated and out of sight, subjected to what is deemed as
institutional abuse.
In the computer room, Ekura, was shouting at me cheek to cheek flying false
accusation at me, belittling me, standing over me and further spiting in my
face with each word she spoke; I blatantly refused to engage, as my martial
arts background has taught me self control before self defence.
With each pause I would respond by simply stating “I am not doing this with
you right now and especially not like this”; Ekura then said, “black belt huh,
what about it huh, black belt, yeah black belt huh…”.
I don’t like fighting and am not aggressive by nature; and therefore I
refused to return Ekura’s challenge.
In a same tone calm voice and careful not to fuel her, I used the broken
record technique and repeatedly asked her to stop shouting and start talking
and that I am not going to engage with her on such terms.
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Ekura then went on to accuse me of giving legal advice and said IN A RAGE,
“how dare you give patients legal advice, six patients have said so” and
“don’t you ever dare type out a legal will for Sharon again, She would never
have known to ask for that on her own”. I tried to explain, as stated a
number of times that it’s simply not my place to give legal advice and that I
did not type out a legal will for anyone, as I am not a qualified legal
practitioner; I continued to add that when she is calm, I would be more than
happy to sit down and resolve any issues of concern directly with her”…
SHE STORMED OUT AND CLOSED THE DOOR while I was still standing inside
the computer room by the doorway.
...unfortunately, Sharon has a story of her own.
I couldn’t help thinking that if it was me who behaved in such a way towards
a staff member - if I had of so much as retaliated or even just acted in self
defence - I would have been locked away in the High Dependency Unit,
punished with injections and information in relation to such behaviours
promptly added to my hospital files!
I asked Mel (the A.C.N.), if she could as a matter of urgency mediate
communication with Ekura and me, briefly explaining that I was subjected to
bullying and concerned with the level of false accusations, which could have
an adverse effect on my treatment; I also requested not to be placed in
Ekura’s care again as I cannot possibly be expected to trust her again.
Mel kindly agreed and during mediation, Mel informed me for the first
time about the nursing management plan informing me that I could
only approach the bench once every hour; I was more than happy to
comply despite having to legally represent myself in a complicated matter
that I am not qualified to take on and therefore, needing staff assistance
more frequently than other patients with different circumstances.
It is my understanding that the above mentioned incident is a failure of duty
of care by the offending person; to protect vulnerable patients from harm
and a failure to care for such a patient in a supportive and professional
environment – breech of The Mental Health Act, Section 6A (a), “people with
a Mental Disorder should be provided with timely and high quality treatment
and care...” and is also an offence under the law of “Totrs”; no apology was
made by Ekura to correct her unacceptable behaviours in this instance.
Tuesday 20th
September, 2011
My contact nurse found me in the Ladies Lounge Room about to start my
daily Catholic Rosary. I sat with her for half an hour and briefly spoke about
the circumstances that led me to being a patient in this hospital. When we
finished communication, I informed her that I was about to start my Rosary
“Daily” Prayers that are done in the Ladies Lounge Room each morning to
prevent distraction.
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Ten minutes later I heard my name on the loud speaker called twice; and I
chose to ignore it, as had communicated my position with the duty nurse
prior to commencement. I was followed into the ladies lunge room by Aimy
(the consultant psychiatrist), the Acting Nurse in Charge and my duty nurse
who insisted I give my attention to their demands and abort my prayers, all
whom were talking at once.
I politely made my way over to the neighbouring room leaving staff trailing
behind, as I was continuing my prayers. I softly shut my bedroom door to
discourage disruption and continuing praying Rosary Beads on my knees
beside my bed. All three staff members followed me into my room, Amy in
particular standing over me upon entering and asserting her authority by
talking over my prayers insisting I allow her to disrupt The Rosary, stating, “I
know what you’re doing Anna...”; who quickly called security for back up
forcing my to abort my prayers and ordered me to The High Dependency
Unit. I was extremely annoyed and felt my religious practices were not taken
seriously, nor were my patient rights respected. It was a religious institution.
Upon entering the High Dependency Unit (HDU) I was falsely accused of staff
splitting, giving patient’s legal advice and breeching nursing management
plans that I was supposed have known about for the past two weeks. They
needed an excuse to keep me in isolation, which would remove my internet
access privileges and cut me off from all forms of communication to the
outside world; the children’s courts, the ombudsman’s office and Dr Ruth
Vine, the Chief Psychiatrist of Victoria... so they dug up everything they could
possibly hold against me to justify their actions.
In the HDU I was forced to share a confined space with patients suffering
from severe mental illnesses; I was closely monitored till the 26th
September,
2011 and further subjected to staff nit picking fault with every move I make
for the opportunity to increase my medication, needlessly sedating me into
submission.
Praying the Rosary is not a good enough reason to confine a patient
into the High Dependency Unit.
By being in the HDU, I missed calls from Jeremy, a private legal
representative who was considering making an appearance on the day of the
hearing for the Appeal I lodged with The Mental Health Review Board, to be
heard on 21st
September, 2011; and therefore was un-represented.
I believe the above mentioned is a breach of Section 6A of The Mental Health
Act, Principles of treatment and care; subsection (g), “ when receiving
treatment and care the age related, gender-related, religious, cultural,
language and other special needs of people with a mental disorder should be
taken into consideration”.
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Wednesday, 21st
September, 2011
My daughter’s 16th
Birthday and I am without her for the first time.
The morning of the Appeal to the Mental Health Review Board; Jeremy’s call
to come through on the communal phone, as I did not retain by memory his
number due to medication I was forced to consume; Jeremy is a legal
representative, who discussed with me the night before about possibly
attending my appeal with The Mental Health Review Board for
representation, as he did not believe I presented unwell.
Being confined to HDU has prevented me from attending the communal
phone and therefore, Jeremy’s call for further legal advice in preparation for
the appeal...
The board members insisted I sit down and be read my rights to commence
the hearing; I asserted my position and requested an adjournment. I
reiterated my concerns with regards to my treatment as a patient in Aimy’s
care, putting into question concurrent breaches of the Mental Health Act on
at least three separate counts, as a result of misconduct. I reminded
everyone that I am un-represented and until such time I gain the assistance
of a qualified legal practitioner, I would only accept an adjournment; and
further added that I intend to contact The Victorian Ombudsman in relation
to my treatment plan that I have not actively participated in.
Friday, 23rd
September, 2011
Amy, the consultant psychiatrist walked into HDU where I was detained and
restricted from vital communication resources; being annoyed with her level
of intimidation tactics I naturally refused to engage with her, as nothing I
said was going to be good enough. I asked to speak with a different
consultant psychiatrist (which is my right as a patient in accordance to
hospital policy), however, Amy refused and gave me an ultimatum between
the needle of the pill. Furthermore, she took great pleasure doubling my
medication, sedating me needlessly; which is a breach of the Mental Health
Act under section 6 (h) – as described blow. I put into question Amy’s
professional standards, as it seemed I was being punished with medication
instead of treated for a condition, a condition that I was not diagnosed to
have.
When I asked Amy why she is doubling my medication, she further stated,
“the way that you behaved in front of the board is indicative of someone who
is unwell”; and this all because I was successful in getting the adjournment,
which was against her instruction.
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Jeremy (the lawyer) called back later that afternoon and was told that I was
too sedated to talk to him, despite me requesting that I take all incoming
calls intended for me – I was not asleep at the time of Jeremy’s call.
The above mentioned is a breach of the Mental Health Act, Section 6(h); “the
prescription of medication should meet the best health needs of the person with a mental disorder
and should be given only for therapeutic or diagnostic purposes and never as a punishment or for
the convenience of others”; and
Section 18 (1) (A), “... the right to obtain legal representation...”, and a
breech of Section 18 (4) “...it is the duty of the authorising psychiatrist to
ensure that this section is complied with”.
AND – (4) Objects of Act; subsection (b) in providing for the care and
treatment of people with a mental disorder... any restriction upon the liberty
of patients and other people with a mental disorder and any interference with
their rights, privacy, dignity and self-respect are kept to the minimum
necessary in the circumstances.
Sunday, 25th
September, 2011
At approximately 11:30am, Laurie (another patient), began singing songs
from The Beatles so I joined him.
Then I went outside to soak up the sun and Laurie followed me out there and
began expressing his anger about his upbringing, explaining that he had a
hard life and needed a break. I was just lending an ear but also couldn’t get
a word in for the majority of conversation because memories of his abusive
childhood made him too upset to listen, so I listened on very sympathetically.
Laurie’s circumstances, which led to a life time of being
institutionalised, as a result of negligent authorities, is very
distressing...
Randall then came out to the courtyard and told us both to quieten down but
I wasn’t the one doing the talking.
As soon as Laurie started sharing his personal circumstances Randall came
racing outside and pulled me aside, calling me away from Laurie and into the
lounge room; and forced me to take extra medication claiming that I need to
calm down???
I asked Randall, “What did I do wrong”, and Randall replied, “I’ve been
listening to you all morning and you’ve had pressured speech and you need
to calm down”, but I wasn’t the one doing all the talking (I hardly got a word
13. Private & Confidential Page 13 29/10/2011
in); and since when did singing give rise to Mental Health Concerns. He said
I’ve got a big mouth and I need to learn to keep it shut!
I wanted to type a document on the computer complaining directly to the
Chief Psychiatrist Office in Victoria, addressed to Dr Ruth Vine; I was refused
by Randall... and therefore, I proceeded to complete another appeal forms
instead, to The Mental Health Review Board, in protest.
I believe the following sections of the Mental Health Act, 1986, were not
upheld by way of duty of care - 6A Principles of treatment and care; It is
the intention of Parliament that the following principles be given effect to
with respect to the provision of treatment and care to people with a mental
disorder; (g) when receiving treatment and care the age related, gender-
related, religious, cultural, language and other special needs of people
with a mental disorder should be taken into consideration
AND – 6A(h) the prescription of medication should meet the best health
needs of the person with a mental disorder and should be given only for
therapeutic or diagnostic purposes and never as a punishment or for the
convenience of others.
Monday, 26th
September, 2011
I approached Dave and asked him if it’s really all that necessary for me to
remain in HD Ward.
I continued; that I have never raised my voice to anyone on the premises
and that I did not feel the need for HDU treatment and that I didn’t deserve
neither the confinement nor punishment of HDU; Mel (ACN), came out of her
office and changed me back over to the Low Dependency Ward.
Tuesday, 4th
October, 2011
4th
October, 2011 - The day before the adjourned appeal with the Mental
Health Review board; I was handed an incriminating report by DHS alleging
abuse and neglect, effectively failing my parenting standards. I was
concerned that such a report would damage my opportunities to prove my
mental stability to medical practitioners and that based on credibility alone,
matching up against DHS (with my “Domestic Violent” upbringing), I would
without a doubt be unfairly disadvantage; however, a copy was taken against
my will and placed in my files.
At approximately 4:45pm, I willingly engaged in conversation with another
psychiatrist for a period of an hour and fifteen minutes, unguarded and quite
comfortable; I explained that I didn’t like Amy’s work ethics however, was
happy to be assessed during conversation for a second openion (if he had the
time to listen). I started from the very beginning, the point when my
daughter went missing for three days after the forbidden rave party she
14. Private & Confidential Page 14 29/10/2011
attended behind my back at fifteen with her 23 year old work
supervisor/boyfriend, right up to the point of entry and admission into both
the Footscray Emergency Department and the Werribee Mercy Hospital. I
further explained that I blocked her bank account from access and removed
her mobile phone privileges as a form of discipline, which the department of
child protection labelled as neglect...
At the end of our conversation Sandeep stated that there are no signs of a
mental illness; however, he did encourage me to provide Amy with the
same communication to enable Amy the opportunity to independently assess
me.
Sandeep handed me his documentation to be brought in front of the Mental
Health Review Board Members tomorrow. It contained incorrect reporting by
Amy Rooke, the other consultant psychiatrist, who turned a five minute
conversation we had together (on the 19th
September, 2011) into
incriminating statements that I NEVER SAID – statements that my brother
Matthew alleged to medical practitioners dealing with my case; turn of events
that he never even witnessed.
I stayed awake till 1am trying to finish reading through the DHS Report,
however, due to the volume of information I wasn’t able to complete reading
it. I did raise concern with staff on duty about the incriminating content listed
on such a report, being false and incorrect and was dismayed as to what
point did my son start swearing in his conversation content; as reported by
DHS in quotation marks. I was questioning whether DHS may have failed to
act impartially because my son is dyslexic and does not swear in his
conversation content, nor is he capable of making up such stories (quite a
different character to my daughter all together); and under NO
circumstances did I ever try to kill my children.
It's not unreasonable to assume that my daughter Kristen was angry at the
time of interview; making such accusations against me, (possibly fuelled by
my mother) because while on the plane back to Melbourne, my daughter had
called me a bi*ch and promised to get me back for telling her employer
about her relationship with Sam (a work supervisor eight years her senior) in
explaining my daughter’s absence from her work - she was only fifteen. My
daughter was also very angry with me for involving the police in her
disappearance and informing them of Sam advances, whom she vowed to
protect; a grown man who was from a very wealthy family and promised my
daughter, who was not yet of a consenting age, to take her to India and buy
her the world. I could not have possibly predicted that contact with my
mother would educate my daughter on how to play the system against me in
order to buy her freedom before her time - I never thought my mother would
sink so low, manipulating my daughter at her peak adolescence and then
further involving DHS on false pretences to have both my children
permanently removed from my care...
If I had to choose between losing my daughter to Sam the Indian Man or
losing my daughter to my mother who plays the system very well, I would
have chosen my mother because at least this way, she has first world
15. Private & Confidential Page 15 29/10/2011
opportunities, equality and free will and her safety is better guaranteed in
Australia than in India.
Wednesday, 5th
October, 2011
I stood in front of the Mental Health Review Board; the board members had
viewed hidden documents that I was not made aware of prior to the hearing
and they asked Sandeep twice in my presence, if there are any charges
pending and Sandeep said “no” (but judging by the reaction of the board
members, I can only assume the documents are of a very serious nature;
they did not state what changes they were referring to. I questioned the
board members directly about the documents that were withheld from my
viewing and they turned their attention to Sandeep and expressed their
disappointment for not informing me of such documents prior to this hearing,
as they are the major contributing factor for my hospital status.
Unrepresented, I informed the board that the day before the hearing, I
requested to view all the documents contained in my file under the Freedom
of Information Act and at time of viewing, told by my duty nurse that
everything is in the folder but I knew the most important ones had been
taken out because they were missing.
The board members called a brief meeting among themselves while Sandeep
and I waited outside the room. Upon re-entering, we were informed that it
was highly recommended the hearing be adjourned because I was going to
need a lawyer to access the hidden documents contained in my file, which
are of great concern to the board members who viewed them. I had a pretty
good idea what was in them but to contest them in a legal matter, I had to
be shown the documents first; they were false an incriminating.
I decided to proceed with the hearing and made a mutual agreement in the
presence of the board members to have the hidden documents thrown out
from my file and disregarded for the hearing; which was accepted by all
three board members who continued on with the hearing.
During communication with the board I contested a document containing
incorrect reporting; ...by Amy who turned a five minute conversation we had
together (on the 19th
September, 2011) into a sentence that put into
question not only my parenting standards but also my mental health;
statements that I NEVER SAID...
I requested to be taken off section and made voluntary and if not,
then to be transferred, as being out of my catchment area, I am
effectively isolated.
The board members asked if I think I have a mental illness and I answered
with, “I might have or I might not have...” but subject to incorrect reporting
is another thing all-together!
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The Board members conferred and decided to uphold my current status,
despite the fact that I presented well and they further refused to involve
themselves in the transfer...
Thursday 6th
October, 2011
I was informed by Sandeep about an appointment organised with Forensic
Care, scheduled for Monday 10th
October, 2011.
I telephoned Forensic Care who was surprised that I only found out about my
appointment for Monday, this morning - with only two working day's to act
on it. During our conversation I was advised that my attendance was optional
and if I choose not to participate, Forensic Care would then have to contact
the hospital and cancel their appointment with me and therefore, could not
re-schedule; I was however, required to place my intentions in writing as
follows:
...I am writing this letterto confirm our conversation,in relation to The Community Forensic Mental
Health Service; as appointed by staff here at the Mercy Werribee Hospital and scheduled for Monday
10th
October, 2011.
At this stage, I WILL NOT BE PARTICIPATING in the above mentioned appointment with
you “Forensicare Team”, as I intend to exercise my right to choose a second opinion with a
Qualified Psychiatrist of my choice...
I have expressed my concerns to Sandeep with the level of INACCURATE REPORTING by
Amy Rooke,the Consultant Psychiatrist here at the Mercy Hospital in Werribee and
therefore, do not wish to engage any further with Amy Rooke!
I have requested a transfer to St Vincent’s Hospital in Fitzroy, as Werribee is way out of my
catchment area, depriving me of my visitors and much needed support
I have also expressed my intention to ABSOLUTELY CONTEST IN COURT THE FLASE
ACCUSATIONS NOTED BY DHS ON CONCURRENT DOCUMENTS – such incriminating reports
added to my hospital file; being dyslexic,my son’s complaints are not only out of character but also
very rare that he should include swearing in his conversation content,as reported...; My children are
old enough to legally give evidence in court/testify their version of events…; due to my mother having
long-term relationswith a subsidiary branch of DHS, it is not unreasonable to assume that DHS may
not have acted impartially and/orthat there may be a conflict of interest between the parties
involved..; Thank you,Kindly.
Sandeep was in conversation with Forensic Care over the telephone in
relation to my letter, as detailed above; who then advised me that the
hospital will be going ahead with Forensic Care on Monday 10th
October,
2011, in my absence; and further added that Forensic Care will then place an
opinion based on the information contained in my files, files that are subject
to incorrect reporting and that contain incriminating information provided by
my mother, my brother Matthew and a police officer...
Later that afternoon I engaged in conversation with the head consultant
psychiatrist, who authorised the transfer and leave to seek legal advice; he
couldn't understand why I had been denied such rights.
Friday 7th
October, 2011
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I requested to speak to Sandeep to confirm my leave time for Monday; I
explained my reasons to meet an appointment scheduled for Monday 10th
October, 2011, with a barrister who was willing to consider representing my
case in relation to “institutional abuse” and “medical negligence – for
administering medication for a mental disorder that I have not been
diagnosed to have suffered”...
Sandeep declined my leave for Monday. I reminded him that yesterday I was
given consent by the head of hospital, who not only authorised a transfer but
also leave to seek legal advice and further added that if I am denied my
rights against the better judgment of the head of hospital, a leading
consultant psychiatrist, I will be forced to abscond and attend the
appointment with the barrister on Monday just the same; and then after that
I will organise my own transfer should I see fit. He said he's taking his orders
from Amy Rook (in her absence); I reminded him that Amy does not hold
authority over the head of hospital personnel.
I adked Sandeep if he can communicate directly with the head of hospital on
my behalf but he said it's too late, everyone has gone home.
I took a cup of coffee into the back yard, with my legal notepad in the other
hand that listed the practising office address for the scheduled legal
appointment on Monday and sat for while...
I was warned on the quiet that 'they are going to put me back in isolation
and are organising their excuses to present to the head of hospital who
allowed my transfer and leave for Monday - 'they need to shut me up
because I am right' she said...'
Refusing to lie down, I jumped the fence without any further consideration to
staff routine times and ran off to the neighbouring train station; in the
process I dropped my notepad because my hands were shaking so much
from cutting them on the barb wire edges of the fence. I tore the hospital
gown I had on and turned it into three parts and turned it upside down to
change it's colour. Out of it I made a skirt, a top and a scarf and I ran for my
life. I always come first in school sports for long distance running and was
The School Sports Captain in year twelve, representing all year levels, but I
never realised I could get any faster until this day. My spirit took over and
my body went numb and my mind knew exactly where it was going without
thinking.
IN CONCLUSION
I was deemed depressed as a result of an event (losing my children),
by another leading consultant psychiatrist; and not psychotic, not
schizophrenic and certainly not a danger to the community - a more
accurate diagnosis by someone who did their job, who did not deem
medication necessary.
