Mental Health Legal Centre Inc.

Discrimination against people who have Mental Illness

Sexual Safety and Women Only Psychiatric Wards

The Chief Psychiatrist's Guideline for Sexual Safety (published December 2009) (pdf) applies to adult acute inpatient units and aims to promote sexual safety and guide staff in responding appropriately to allegations of sexual assault or harassment including:

• estalishing minimum standards for clinical management of sexual safety
• providing a framework for best practice including actively managing sexual behaviour to minimise sexual risk & supporting disclosure of sexual assault and harassment

The Guidelines cover the procedure to be followed in the case of an allegation of sexual assault and harassment including:

• treating the allegation as serious until formal processes determine otherwise;
• ensuring a safe environment for the victim, offender and others
• informing the victim of support services including access to the Centre Against Sexual Assault (CASA)
• preserving any potential evidence
• the responsibility for exercising clinical judgement about whether or not to refer an allegation of sexual assault to police rests with the Authorised Psychiatrist
• where the victim wants the allegation reported to police, the Authorised Psychiatrist should notify police and facilitate their investigation
• any instance of sexual activity between a staff member and a patient should be reported to police.

The Department of Health's Guideline on Gender Sensitivity and Safety (published 2011) (opens html) applies more broadly to all Victorian mental health services, including all clinical, psychiatric disability rehabilitation support (PDRS) and Alcohol and Drug (AOD) services.

Women are particularly vulnerable to abuse and violence in hospital

Most of the 25 or so psychiatric wards in Victoria's public hospitals are mixed-sex wards.  Research by the Victorian Women and Mental Health Network shows that a significant majority of women inpatients have experienced past physical or sexual abuse and that over 60% of women have experienced harassment or abuse during admissions to mixed sex wards.  The MHLC has long supported women having a choice of a women's only treatment environment.  This means not only dedicated women's-only bedrooms but other facilities including women's-only lounge and outdoor recreation area.  Progress towards women's only psychiatric wards is slow.  One example is the Women's only psychiatric unit at the Alfred Hospital which opened in September 2011.

Further information

Links:

• Victorian Women and Mental Health Network - including research and a 2010 Call to Action to ensure safety for women in acute psychiatric wards
• Chief Psychiatrist's Guideline for Sexual Safety - also recognises that women especially, frequently have a past history of sexual abuse
• Minister Wooldridge announces women's only unit at Alfred Hospital - media release dated 8 September 2011

Legal advice

The MHLC can provide legal advice to Victorian consumers of mental health services who have concerns about their care and treatment in a psychiatric service, including experiences of harassment, assault and sexual assault.  Contact MHLC's telephone legal advice line:

Mondays, Wednesdays and Fridays 3.00pm - 5.00pm, and
Tuesdays and Thursdays 6.30pm - 8.30pm
Tel: (03) 9629 4422 or 1800 555 887 (Country callers only)

'Women only wards' forum

Transcript of speeches delivered at the MHLC's "Women Only Wards Forum" held on 5th October 2004:

• Word Document 126 KB
  full transcript of proceedings including questions from the floor and Appendices

Senate Select Committee on Mental Health

• May 2005
  Word Doc 177 kb

Inquiry under Section 207 Equal Opportunity Act 1995