Hiv Bungle Admitted By Minister

The Age

Wednesday April 4, 2007

By David Rood and Julia Medew

HEALTH authorities bungled the case of a Melbourne man accused of deliberately spreading the deadly AIDS virus, State Health Minister Bronwyn Pike has conceded.

Ms Pike said a "communication breakdown" led to the state's Chief Health Officer, Robert Hall, never receiving advice from his expert panel on HIV to lock up the man.

The panel recommended on January 31 last year that Michael John Neal be detained, four months before he was arrested for attempting to infect 16 men with HIV over five years.

Documents obtained by The Age show the panel was asked earlier that month to review allegations against Neal. Neal, 48, is accused of trying to infect his 16th alleged victim in the period between the recommendation and his arrest in May.

The Howard Government's chief adviser on HIV, Michael Wooldridge, and the Victorian Opposition have called for Dr Hall to be sacked.

Ms Pike criticised the "partisan" intervention of Dr Wooldridge, the former Liberal federal health minister, and said his knowledge of the issue was "tissue thin".

She supported Dr Hall, saying he would remain the Chief Health Officer. The Government has ordered an investigation into the Department of Human Services' handling of the case, the second probe in 12 months.

Ms Pike said she became aware of the case after police seized Neal's files a year ago and she immediately asked the department to review its procedures. "They (the Department of Human Services) are satisfied there was a communication breakdown . . . between the panel and Dr Hall," she said.

A spokesman for Ms Pike said Dr Hall did not receive the panel's advice. It came to light only after Neal was arrested.

Last month, Dr Hall said in court that the department's referral of Neal's case to police was triggered not by several complaints over five years that the HIV-infected Neal was having unprotected sex, but by an allegation that he possessed child pornography.

Ms Pike said she and Dr Hall, having last met on Friday, agreed that the case could have been better handled and improvements were needed. "On the basis of those discussions he will continue to remain in his role," she said.

Documents show that an advisory panel recommended in January last year that Neal be "isolated in the interests of public health". The Health Act empowers Dr Hall to detain someone who poses a risk to public health.

Ms Pike said government responses to AIDS since the 1980s epidemic had been bipartisan and Dr Wooldridge's intervention had been unhelpful.

"He has tissue-thin knowledge of this matter and yet he has chosen to make himself judge, jury and executioner in the public media," she said.

But Dr Wooldridge said he specifically avoided personalising the issue and was trying to do something about the appallingly high rate of HIV in Victoria. "The very fact that Victoria is back to where we were 20 years ago speaks for itself," he said.

Opposition health spokeswoman Helen Shardey said Dr Hall would have known about Neal's case, and his position and that of Ms Pike had become untenable. "In not managing this case appropriately, they have put the public at risk," she said.

Documents show that Dr Hall met senior department staff on January 12 last year to discuss the 10th complaint against Neal, in which he had allegedly boasted of infecting 75 men and possessing child pornography.

The minutes of the meeting said: "The involvement of the police is likely to require some disclosure of some details in relation to (Michael Neal), that is his HIV status and previous involvement with the Department of Human Services. Disclosure was not a preferred outcome," the minutes read.

It was also noted that there was a difference in "evidence tests" for the Chief Health Officer to take action, compared with the criminal justice system.

"The Chief Health Officer is able to make an order with a reasonable belief that (Neal) is a risk to public health whilst not having evidence beyond reasonable doubt that could secure a criminal prosecution," the minutes said.

Participants at the meeting agreed that Dr Hall would attempt to meet senior police to discuss the public health "sensitivities" involved, and that the HIV Case Advisory Panel would be called on to review the latest allegations against Neal.

Neal was last week committed to stand trial in the County Court. Police allege that he infected two of his 16 alleged victims with HIV between 2000 and 2006 while under numerous orders from the department not to engage in unprotected sex or attend beats or sex-on-site premises.

Four HIV-positive people are now subject to departmental orders restricting their behaviour.

Dr Hall declined to comment.

HOW IT UNFOLDED

NOVEMBER 2001 Department of Human Services receives first complaint Neal is allegedly having unprotected sex without disclosing his HIV status.

DECEMBER 2005 Department receives 10th complaint about Neal, including that he allegedly boasted about willingly infecting about 75 people and that he allegedly possessed child pornography.

JANUARY 12, 2006 Chief Health Officer Dr Robert Hall decides to refer Neal's case to police and asks for the HIV Case Advisory Panel to review the allegations.

JANUARY 23, 2006 Dr Hall meets senior police to discuss the claims.

JANUARY 31 2006 Panel recommends Dr Hall use his power to detain Neal in the interests of public health.

FEBRUARY 2006 Police investigation begins.

MARCH 2006 Police execute first of two warrants at Department of Human Services after it objected to handing over some documents relating to the Neal case.

APRIL 2006 Neal allegedly tries to infect a 16th victim.

APRIL 2006 Dr Hall issues Neal with a new order requiring him to stay in his home on Monday and Thursday nights and not engage in unprotected sex, attend gay beats or move house without notifying department.

APRIL 2006 Health Minister made aware of the case.

MAY 2006 Neal arrested.

© 2007 The Age

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