Identifying and managing risk of harm to others: Insights from the Coroner s Court of Victoria. Rebecca Mathews Manager, Practice Standards

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1 Identifying and managing risk of harm to others: Insights from the Coroner s Court of Victoria Rebecca Mathews Manager, Practice Standards

2 The role of the Coroner s Court Investigate deaths that are considered: reportable deaths e.g., road accidents, workplace accidents, drownings unnatural deaths e.g., overdose, suicide, homicide Coroner s role is not just about determining the cause of death but can seek to have a preventative role to reduce such deaths in the future.

3 The role of the Coroner s Court A coroner may seek to establish a coronial inquest if there is a matter deemed to be of public importance. A person may request that a coronial inquest be undertaken and the Coroner will consider the request. The Coroner has broad investigatory powers Coroner makes recommendations not bound by law

4 Coronial inquest: information gathering Early 2015 the APS received a request from the Victorian Coroner s Court to provide information about: how psychologists decide to disclose client information and to whom the training of psychologists in assessing and managing risk of harm to a third party how psychologists determine risk to an identifiable person (as per the APS Code of Ethics) APS guidelines that provide assistance to psychologists to make decisions about how to manage risk.

5 Coronial inquest: court process In September 2015 a summons was received to provide evidence in the Coroner s Court. The APS was provided with a coronial brief in confidence outlining the specific case. The matter was considered significant and required engaging a barrister. Currently an open case as Coroner has yet to provide recommendations. The medical history and records of one of the parties central to the proceedings continue to be the subject of a Suppression Order.

6 Coronial inquest the case A young man drove his ex-girlfriend to an isolated park and stabbed her, leading to her death. The young woman s parents sought a Coronial inquest to determine whether some action or circumstance could have led to a different outcome. The victim s parents questioned whether their daughter s death could have been prevented through the sharing of information. There was no previous evidence of criminal activity or violence.

7 Coronial inquest: court process There was a view that: psychologists do not disclose information. Acknowledgment of the therapeutic relationship but not necessarily of the potential implications of disclosure. when psychologists disclose they may not disclose to the appropriate body or persons. A message that parents and family members should be engaged and police alerted. psychologists may differ in their competence in assessing risk and the likelihood that they will disclose.

8 Coronial inquest: court process APS response focused on: The provision of information through available literature and resources. Presentation of case examples to demonstrate when there has been a risk and, psychologists have made a decision to disclose processes have been put into place to mitigate the potential for harm the use of supervision and team consultation

9 Coronial inquest: key messages Whether the threshold in the APS Code of Ethics is at an appropriate level to allow psychologists to disclose in situations where they believe there is a risk to a third party. Section A.5.2(c) if there is an immediate and specified risk of harm to an identifiable person or persons that can be averted only by disclosing information; Whether psychologists have the required training to be able to assess risk of harm to others.

10 APS follow-up submission addressing the concerns of the court Provided 10 detailed case studies sourced from members of occasions when they disclosed information due to a risk to a third party and the outcome of these. Provided an undertaking to review the wording of the APS Code of Ethics Section A.5.2.(c) Proposed that there be increased promotion of the APS Professional Advisory Service to support members

11 APS submission addressing concerns of the Coroner Increase awareness of intimate partner violence through the development of resources and training opportunities to develop competence in assessment and treatment of risk of harm to third parties October 2015 InPsych edition - Domestic and family violence Training opportunities through the APS institute - a series of webinars already completed by the Institute Professional forum at the APS Congress outlining assessment and intervention strategies. Consultation with relevant bodies about course content for postgraduate study in psychology covering assessment and intervention when there is a risk of harm to others and risk of suicide.

12 Professional Advisory Service