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Legislative Assembly for the ACT: 2000 Week 3 Hansard (7 March) . . Page.. 610 ..

MR MOORE: Mr Speaker, I would like to clarify an answer I gave to Mr Rugendyke. I am pleased that he did not table the email, but I asked him whether I could read the email because I had not seen it. I would like to remind members, most of whom would be aware of this case, that, although it was inappropriate to put out that email, the motivation behind it, I believe, may well have had something to do with the fact that the matter was very well known by all people in the drug and alcohol program. It had been a matter of great discussion among all the members and the commission did find in favour of Community Care on all the matters that went before the commission, not in favour of the particular individual. Although I cannot be a judge on whether it was vindictive or what was really the motivation, I do know that there was that issue to be taken into account.

MR MOORE (Minister for Health and Community Care): I seek leave to make a short statement on the disability program and the matter raised by Mr Wood in the adjournment debate last Thursday.

Leave granted.

MR MOORE: ACT Community Care do not deny that they have a duty of care to the client group they serve. They do not and have not at any stage of this unfortunate incident denied the fact that two of their officers failed to provide an appropriate standard of care. The disability program also acknowledges that the two officers have breached the ACT Community Care code of conduct. They consumed alcohol, which could have adversely affected their work performance, and jeopardised the safety of both their clients and themselves.

I wish to reassure members of the Assembly that all efforts have been taken to investigate the incident, take disciplinary action against all relevant officers and give every assistance to the client and his family. Immediately after the incident occurred, an external investigator was appointed to fully investigate all aspects of the situation. An authorised officer was appointed by the chief executive officer to determine a decision. Mr Speaker, I have just commented that all efforts have been taken to assist the client and his family. I would have to say that until now the assistance to the family has not been the best, but we are now making sure that all assistance will be provided in that case. I am aware that, through Mr Wood, they have asked a series of questions, which will be replied to in writing.

The external investigators were a team of ex-police detectives who are highly experienced in investigation and the taking of witness statements. The investigators have found that there was indeed evidence of alcohol. However, there has been no evidence found by those police officers of the use of marijuana. The Government Solicitor has

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