Program Management Circulars Index <<

Responding to Allegations of Assault (June 1995)

• Purpose
• Background
• Definitions
• Minimum Standards

Purpose

To highlight the need for public mental health services to develop a set of procedures that will ensure appropriate action is taken in response to allegations of physical or sexual assault.

Background

Service providers have a moral, professional and legal obligation to provide a safe environment for clients and staff.

On 15 May 1995 Psychiatric Services distributed a Departmental Instruction (94/6394) entitled "Reporting of Allegations of Physical or Sexual Assault to the Police".

Area Mental Health Services must establish local procedures for the appropriate management of allegations of physical or sexual assault by staff, clients or visitors to the service.

Definitions

Physical assault is the application of force that causes physical injury requiring medical assessment. Physical injury includes haematoma, internal injuries, dislocated or broken bones, cuts, bruises, welts, or burns. Assault may also include other actions which result in discomfort or pain.

Sexual assault includes rape and other indecent sexual acts such as touching in the area of a person’s breasts, buttocks or genitals. This definition is consistent with the Victorian Crimes (Sexual Offences) Act 1991.

Minimum Standards

As a minimum, local procedures should provide staff with direction regarding:

• How to respond to allegations made by a staff member, client or visitor.
• The duty of staff to provide immediate medical assistance to the alleged victim.
• What actions staff should take to protect evidence.
• How staff are to implement local incident reporting procedures.
• When staff are to report the allegations to Victoria Police.
• How the staff are to respond if the alleged victim does not want the incident reported to Victoria Police.
• When the client’s guardian or next of kin should be notified of the client’s involvement in the alleged assault.
• How staff may involve an independent advocate for either the alleged victim or assailant.
• How staff can involve specialist services such as the local Centre Against Sexual Assault.
• How staff will prevent further contact between the alleged victim and alleged assailant.
• How to document the allegation and the findings of any follow-up investigations.
• How those affected by the alleged assault will obtain debriefing.

Departmental Instruction 94/6394 provides a useful starting point for the development of local procedures.