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ICAC Fails to Notice the Baby in the Bathwater
September 23rd 2005

NSW Democrat MLC, Dr Arthur Chesterfield-Evans today criticised the ICAC report which found there was insufficient evidence to make a finding of corruption against the South Western Sydney Area Health Service and the then Minister Craig Knowles.

"The ICAC found that Nola Fraser's evidence was incomplete. This is not surprising, as she had no vocational or statutory role to keep records; and indeed, she was technically not allowed to do so. Getting this sort of evidence requires police surveillance powers, and timely access, none of which was available," said Dr. Chesterfield-Evans.

"Nola Fraser brought real allegations of poor treatment of patients, and showed me the medical records. In my medical opinion they did show very poor management. The idea that what she said was based on hearsay or gossip was certainly not the case for the most important aspects of her allegations. The ICAC has taken a very legalistic approach to the situation," he said.

Dr Chesterfield-Evans said that the health system calls doctors to account for bad patient treatment, but management, whose decisions also affect patient care are not similiarly scrutinised.

"The doctors have to account for themselves according to protocols for good treatments, and some of them are still with the HCCC. Management does not have such protocols, so there are no tribunals that deal with them. The fact is that management make bad staffing decisions such as employing more junior people to save money. Naturally then, management have to defend their decisions, or turn a blind eye to consequenceses," he said.

Dr Chesterfield-Evans said that it was to the benefit of the people of NSW that people like Nola had the courage to speak out.

"The fact is that Nola Fraser and her colleagues have drawn attention to severe problem in a large hospital system. She has done this and produced a huge public benefit at a huge personal cost. The fault with ICAC and the legal system is that the biggest issues are overlooked. The fact that have not found evidence of corruption or a cover up when they looked years later is not surprising, and in the bigger picture, not really relevant," concluded Dr Chesterfield-Evans.