Court clears directorate

THE Directorate for Social Change and Mental Health Services has been given the clear to develop the Laloki Psychiatric Hospital.
In a ruling by the National Court on Wednesday, a court order was issued that all injunctions be lifted against sidelined chief executive officer (CEO) Dr Losavati Aisi and for her to resume duties today.
The court ordered that the directorate regain ownership and start developing the hospital services after one year of legal battle on management issues.
Chairman to the board of the directorate Archbishop Cardinal Sir John Ribat said: “The court has decided to uphold the recognition of the Mental Health Directorate.
“Because of a restraining order, we could not do anything for a year and that was difficult.
“But a decision was made in our favour that the Mental Health Directorate was established lawfully and with all the requirements,” he said.
Legal representative Jerry Siki of Siki Lawyers explained: “The Mental Health Services is a division of the Health Department, there was a reform to have a body to be recognised as an entity of its own and that body is the establishment of the Directorate for Social Change and Mental Health Services.
“There was an Act called Mental Health Act 2015, passed by the National Parliament on Feb 9, 2016 and that Act provides exclusively for the detainment, treatment and rehabilitation of persons living with mental illness.
“So it’s an Act that recognises and gives power for the administration of mental health and the policies, the establishment of the board of directorate of mental health, the appointment of CEO and directors or how to administer the clinical site (administering and caring for the patients).
“Prior to that it was under the Public Management Act of 1973.
“Because the new Act gives power to the Directorate for Social Change and Mental Health Services to have control over the Laloki Hospital and any mental health care centres whether private or public and governed by this Act 2015.
“The disagreement was between the department secretary and health board that the Directorate for Social Change and Mental Health Services and director do not have any powers over any divisions.
“Because of this disagreement, there were people supporting the view that it is the Health Department under the Act of 1973, that should control mental care centres but the Director for Social Change had argued against that saying they are right people to take control of administration of Laloki Mental Health and there was a disagreement,” he said.
The Health Department and Health Services filed a court proceeding described as OS No. 177 of 2023, and named four defendants as Dr. Losavati Daunigi Aisi, Directorate for Social Change and Mental Health Services Cardinal John Ribat, Archbishop of Port Moresby and board of the Directorate for Social Change and Mental Services.
This was filed on July 3, 2023 and final hearing conducted on Oct 2, 2023 where the court reserved the ruling to a later date.
The court after the assessment of its findings, declared that the directorate were the newly established or to be established later, and are now covered by the Act 2015.
Laloki Psychiatric Institute CEO Dr. Losavati Daugunu Aisi said: “We went through hard times due to misunderstanding to what the law was or what the law is regarding the mental health services.
“A lot has been cleared by the National Court that the Laloki Psychiatric is under the authority of the Directorate of Mental Health and I am thankful that is now settled.
“As the legitimate appointee to the hospital, I am looking forward to going back and resuming my duties and despite differences some of my staff have, we will move forward,” she said.