AUSTRALIA | Ombudsman presents the Forensic Disability Service – second report

The Queensland Ombudsman’s report, Forensic Disability Service – second report: A review of the implementation of recommendations made in the 2019 Forensic Disability Service report (the 2024 report), was tabled by the Honourable Curtis Pitt MP, Speaker of the Queensland Parliament on Tuesday 13 August 2024.

In 2019, the former Ombudsman investigated the administration of the Forensic Disability Service (FDS). Results of that investigation and recommendations were published in The Forensic Disability Service report – An investigation into the detention of people at the FDS (the 2019 report). 

In November 2022, the Ombudsman began a new own-initiative investigation under the Ombudsman Act 2001, to examine the FDS’s current levels of legislative compliance, with both the Forensic Disability Act 2011 (the FD Act) and the Human Rights Act 2019 (the HR Act). It also examined the implementation of the 2019 report recommendations.

The 2024 and 2019 reports investigate the treatment of people detained at the FDS, a facility for the involuntary detention and care of people found unfit to stand trial as a result of an intellectual or cognitive disability.

The 2024 report identifies that since the 2019 report, the FDS has improved systems and processes by: 

• reviewing policies and procedures and publishing them online or on the departmental intranet 
• establishing electronic recordkeeping and keeping accurate records of decisions about the management, care and support for people detained to the FDS 
• enhancing individual development plans for people detained to the FDS to have a greater focus on rehabilitation and skill development
• establishing processes for transitioning people detained to the FDS into the community.

 To continue improving systems and processes, the Ombudsman recommends: 

• expanding the recordkeeping system to allow entries to record the use of medication 
• tracking program delivery to make it easy to identify and address an individual’s treatment needs. 

The Queensland Ombudsman, Mr Anthony Reilly, said, “One of the most serious concerns identified in the 2019 report was the use of prolonged seclusion at the FDS. This situation continued on after the 2019 report.”

“We welcome the department’s advice that no person currently residing at the FDS is subject to ongoing seclusion on a long-term basis. It is imperative that long term seclusion of the type identified in the 2019 report never occurs again. To support this, we have recommended improvements to the FD Act.”

Mr Reilly said, “The FDS is closer to achieving its goal of being a transitional facility. The FDS now makes transition planning part of each individual development plan and includes stakeholders in managing the transition progression, especially for people with complex needs.”

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Source: Queensland Ombudsman, Australia