1. NRS 190 Paramedic Law and Ethics Group 4 Presentation Debby Foster Eva Rosenbaum Emily George Kelly Hastie

3. THE CASE Cornelia Rau was an Australian permanent resident who had resided in Australia from 18 months old . Beginning in 1998, Rau disappear ed many times, and was diagnosed with bipolar disorder. In 2002, she lodged an application for a false passport, at which point she was diagnosed with schizophrenia. She had frequent hospital admissions as a result of her mental illness es , culminating in her absconding from the Manly Hospital Psychiatric Ward on the 17 th of May 2004. Later that month she was seen at a Queensland pub by locals, who called the police due to significant concern s for welfare. When questioned by police, Rau told them she was a German woman named Anna Brotmeyer, and that she had lost her passport. (Freckelton, 2005, pp. 2-4)

4. THE CASE Rau was detained by police under the Migration Act from March 31 st until April 5 th at which point she was transferred to Brisbane Women’s Correctional Centre, where she was held for another 6 months. Staff and other prisoners frequently expressed concerns about her behaviour, culminating in her transfer to Brisbane’s Princess Alexandra Hospital for psychiatric assessment in August. Despite the fact that Rau “attract[ed] the diagnosis of having a personality disorder” (Freckelton, 2005, p. 2) she was not classified as mentally ill. On the 6 th of October Rau was transferred under sedation, to South Australia’s Baxter Detention Centre, where her behaviour continued to disturb staff and fellow detainees. (Freckelton, 2005 , pp. 2-4)

5. THE CASE On the 6 th of November, a further psychiatric assessment found Rau was suffering from either schizophrenia or a personality disorder . It was recommended that she should be hospitalise d for further observation and treatment. This was however ignored. It was not until the Sydney Morning Herald publicised Rau’s case that her sister was able to correctly identify her and she was removed from immigration detention and transferred to Glenside Psychiatric Hospital. (Freckelton, 2005, pp. 2-4)

8. THE LEGISLATION Migration Series Instruction 371 Specifies that any employees or agents of the Commonwealth have a duty of care to ensure all health related necessities of any detainee are met whilst in immigration detention, which is enforceable by common law (Freckelton, 2005, p. 5).

12. LEGISLATIVE CHANGES AND RECOMMENDATIONS Indefinite detention was ceased The Department of Immigration and Citizenship (DIMIA) changed their procedures so that a limit of 28 days was applied to how long people can be detained in a state prison (Parliament of Australia, 2005, p. 7). Mental Health Act 1993 (South Australia) replaced by Mental Health Act 2009 (South Australia) Requirements for detaining an involuntary patient changed so that “a person [can] be detained and receive treatment in a treatment centre… if it appears to the medical practitioner or authorised health professional, after examining the person, that… the person has a mental illness (Mental Health Act, 2009, p. 17).

13. LEGISLATIVE CHANGES AND RECOMMENDATIONS Migration Act 1958 (section 189) The Palmer Inquiry (Palmer, 2005, p. xv) recommended the implementation of a legislative training package to better equip DIMIA officers to exercise their power under Section 189 of the Migration Act 1958 in a more thorough and lawful fashion, addressing all procedures relating to official identification of detainees. Migration Series Instruction 371 A Select Committee on Mental Health was established to investigate the overall provision of mental health services in Australia (Parliament of Australia, 2005, p. 6). Perhaps the “inadequacies of resources that afflict the [Australian] public mental health system” (Freckelton, 2005, pp. 10-11) contributed significantly to the delay in providing Rau with appropriate mental health care.

21. Senior Constable Anthony Dilorenzo and Constable Rodney Podesta (Picture from Goodsir, 2001)

38. References Australian Human Rights Commission. (2005). Palmer inquiry highlights immigration detention and mental health services inadequacies in Australia. Retrieved from Australian Human Rights Commission website: http://www.hreoc.gov.au/about/media/media_releases/2005/27_05.html Berglund, C. (2007). Ethics for Health Care (3 ed.). Melbourne: Oxford University Press. Coroners Act 1980, NSW. Retrieved from Australian Legal Information Institute website: http://www.austlii.edu.au/au/legis/nsw/repealed_act/ca1980120 Drug Misuse and Trafficking Act 1985, NSW. Retrieved from Australian Legal Information Institute website: http://www.austlii.edu.au/au/legis/nsw/consol_act/dmata1985256 / Freckelton, I. (2005). Madness, migration and misfortune: The challenge of the bleak tale of Corenlia Rau. Psychiatry, Psychology and Law, 12 (1), 1-14. Retrieved from http://search.informit.com.au/documentSummary;dn=763578568908540;res=IELHSS Goodsir, D. (2001). Death at Bondi: Cops, cocaine, corruption and the killing of Roni Levi . Sydney: Pan McMillan Australia. Hand, D., & Fife-Yeomans, J. (2001). The Coroner: Investigating sudden death . Sydney: ABC Books

39. References Marr, D., Metererell, M., & Todd, M. (2005). Odyssey of a lost soul. Sydney Morning Herald, February 12-13. Mental Health Act 2009, SA. Retrieved from Australian Legal Information Institute website: www.austlii.edu.au/au/legis/nsw/repealed_act/mha1990128/ Migration Act 1958, Commonwealth Consolidated Acts. Retrieved from Australian Legal Information Institute website: http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/ Palmer, M. (2005). Inquiry into the circumstances of the immigration detention of Cornelia Rau. Retrieved from Australian Government Department of Immigration and Citizenship website: ww.immi.gov.au/media/publications/ pdf/palmer-report.pdf

40. References Parliament of Australia. (2005). The detention of Cornelia Rau: Legal issues. Retrieved from Parliament of Australia website: http://www.aph.gov.au/library/pubs/rb/2004-05/05rb14.pdf Police Act 1990, NSW. Retrieved from Australia Legal Information Institute website: http://www.austlii.edu.au/au/legis/nsw/consol_act/pa199075/ Rawls, J. (2001). Justice as fairness: a restatement. Cambridge: Harvard University Press Royal Commission into the NSW Police Service. (1997). Police Integrity Report: Operation Saigon Phase II . Sydney. Urquhart, P. (2001). Operation Saigon: Report to Parliament . Sydney: Police Integrity Commission. http://www.abc.net.au/4corners/content/2009/s2724526.htm http://www.policensw.com/info/gen/p3.html