Families Forced into Medical Panel Hearings After Custody Deaths
Mary Culleton and her son Gary are being compelled to attend medical panel hearings to validate their psychological trauma resulting from the death of Darren Culleton in custody. This process, which can involve waiting up to 10 months for a hearing, is part of a labyrinthine system for seeking compensation from the Victorian government.
Delays and Retraumatisation in Compensation Claims
Independent medical panels assess the extent of psychological or physical injuries in legal claims against the Victorian government, including entities like police, hospitals, or prisons. However, these panels are plagued by significant delays, with referrals for psychological injuries taking an average of nine to 10 months to process. Critics argue that the increasing number of referrals, including children, is a tactic to avoid paying compensation, further retraumatising grieving families.
Gary Culleton, Darren's twin brother, describes how the lengthy process repeatedly resurfaces his grief. "Bringing up things after such a long delay, you forget a lot of major key points," he said. "I've already dealt with the drama of it, but then have to just relive it all again." The delays force families to reread distressing details about the deaths, compounding their emotional burden.
Case Studies Highlight Systemic Issues
Darren Culleton, aged 30, died after self-harming in a police divisional van in 2021. A coroner's report in 2023 deemed his death "a preventable tragedy" caused by communication failures, lack of training, and absent policies. Similarly, Joshua Kerr, a 32-year-old Indigenous man, died of methamphetamine toxicity in Port Phillip Prison in 2022 after pleading for help that was delayed due to security concerns. His inquest in 2024 also found the death preventable, with staff failures in communication.
Joshua Kerr's family, including his mother Aunty Donnas Kerr and his two children, have been referred to the medical panel. Jeremy King, a lawyer representing both the Culleton and Kerr families, claims that defendants indiscriminately refer all plaintiffs to reduce claim amounts. "It is a cheap and easy way of significantly reducing the quantum of their claim," he stated.
Government Response and Ongoing Challenges
A Victorian government spokesperson acknowledged the impact of delays, stating that Medical Panels is working to reduce processing times by recruiting additional specialists and increasing hearing frequency. However, the panel did not address specific questions about referral numbers or measures to prevent retraumatisation. As families navigate this complex system, the emotional toll continues to mount, highlighting broader issues in addressing deaths in custody and compensation claims in Victoria.
