29 January 2008

Terms of Reference finalised for Special Commission of Inquiry

NSW Minister for Health, Reba Meagher, said the Governor of NSW, Marie Bashir, today confirmed the Terms of Reference for the Special Commission of Inquiry into the delivery of patient care within the NSW public health system and the appointment of Peter Garling SC to lead the Commission.

Ms Meagher said the Terms of Reference ensure Mr Garling has all of the powers he needs to conduct a full and open inquiry, including the power to compel witnesses to appear and to compel them to answer any questions.

"From the outset the NSW Government has committed to ensuring this Commission of Inquiry has the powers it needs to get the job done," Ms Meagher said.

"I met with Mr Garling today and reassured him that the Commission of Inquiry would receive the full cooperation of the NSW Government and the Department of Health.

"There is already significant work underway to reform the public health system across NSW and the work of the Commission of Inquiry will add to that to ensure we have a health system which provides first-class care."

Ms Meagher said the Commission of Inquiry will identify any systemic issues impacting on the delivery of acute care services and make recommendations about changes that will lead to improvements.

"The Commission of Inquiry will look at existing models of care within our public hospitals - specifically with regard to the supervision of junior staff, clinical note-taking and record-keeping, and communication between health professionals - and recommend changes to improve the quality and safety of patient care," Ms Meagher said.

"Importantly, the Commission of Inquiry will identify those systemic issues which currently act as a barrier to good patient care and to find ways to overcome those barriers.

"This is the first inquiry to look at the delivery of patient care across the state's public health system and it provides an opportunity to improve patient care right across NSW."

Ms Meagher said decisions about the running of the Commission of Inquiry, particularly with regard to public hearings and submissions, would be made by Mr Garling.

"However, I have made it clear to Mr Garling that it is my expectation that there will be public hearings.

"I have also asked that any Individual patient complaints identified during the course of the Commission of Inquiry be referred to the Health Care Complaints Commission for investigation," Ms Meagher said.
The Commission of Inquiry is expected to report to the Governor of NSW by 31 July 2008.

Special Commission of Inquiry - Terms of Reference

Under the authority of the Special Commissions of Inquiry Act 1983, Peter Garling SC has been authorised, as Commissioner, to inquire into and report upon the following matters concerning the delivery of acute care services in public hospitals in New South Wales:

1. any systemic or institutional issues in the delivery of acute care services in NSW public hospitals raised in submissions you receive that you consider appropriate for you to inquire into and recommend any changes which should be made to address them;
2. identify existing models of patient care used in the delivery of acute care services in NSW public hospitals with particular regard to case management including supervision of junior clinical staff, clinical note-taking and recordkeeping, and communication between health professionals involved in the care of a patient;
3. recommend any changes which should be made to the existing models of patient care identified under paragraph 1 to improve the quality and safety of patient care in NSW public hospitals;
4. identify any systemic impediments to the implementation of changes recommended under paragraph 3;
5. recommend any changes which NSW Health should make to overcome any impediments identified under paragraph 4; and
6. recommend any changes which NSW Health should make to ensure that its workforce policies and practices support improved models of patient care.

The Commissioner may have regard to developments arising from the National Health and Hospitals Reform Commission and other Commonwealth-State reforms in relation to Australian health care delivery, to the extent that they arise before the date for the delivery of his report.

The Commissioner is to refer any individual patient complaints identified in the course of his inquiry to the Health Care Complaints Commission.

The Commissioner may seek the advice of such eminent persons as he chooses to engage who have expertise in any one or more of medical practice, nursing practice, allied health practice, hospital management and such other areas as you consider appropriate. If the Commissioner desires, he may engage any such eminent persons from other States or the
Territories or from outside Australia. This does not limit the Commissioner's ability to employ any other assistance under section 13 of the Special Commissions of Inquiry Act 1983.

The Commissioner will as expeditiously as possible, but in any case on or before 31 July 2008, deliver his final report of the results of his inquiry to the office of the Governor.

Pursuant to section 21 of the Special Commissions of Inquiry Act, it is declared that sections 22, 23 and 24 shall apply to this Special Commission.

For a range of health information, go online to www.health.nsw.gov.au