Coroner & Legal
Hospital chief’s inquiry review
THE Health Department is under investigation over allegations an investigator it employed to examine accusations against ousted Royal Hobart Hospital chief Michael Pervan was biased and invalidly appointed.
Justice David Porter yesterday ruled the appointment would be examined as part of a Supreme Court review of the State Service Commissioner’s investigation into the department’s internal inquiry into Mr Pervan’s conduct.
Justice Porter said he would allow the review to include allegations the interstate investigator was biased, was invalidly appointed and was unfairly “enlarging” the investigation.
The investigator was appointed by Department of Health and Human Services secretary David Roberts.
Mr Pervan was suddenly removed from his $200,000-a-year position by Mr Roberts amid allegations of bullying levelled by several senior hospital staff against the RHH chief in October.
An internal investigation ensued. However, Mr Pervan complained to the Acting State Service Commissioner, Iain Frawley, that he had been denied a right of reply and procedural fairness when he was not interviewed as part of the internal inquiries.
But in January Mr Frawley ruled there had been no miscarriage of justice or denial of procedural fairness by the department during its initial investigation of the bullying allegations.
Mr Pervan’s lawyer Roland Browne launched an immediate application for the review of Mr Frawley’s actions on his client’s behalf.
Mr Browne filed an application for an amendment of the review when concerns over the appointment of the interstate investigator surfaced.
Justice Porter scheduled the hearing to begin on March 17.
Mr Pervan has not been formally stood down as chief executive, but is working as executive director of Community Development, Disability and Housing for the Department of Health and Human Services.