- A psychologist associated with Lake Alice in the 1970s is still providing services for ACC
- ACC said it relied on professional bodies to assess whether providers are suitable
- That body, the psychologists board, said it can't investigate Lake Alice allegations as they predate regulation of profession
- Lake Alice survivors will look at other options to pursue a complaint
ACC is maintaining its position of relying on a professional body to decide whether a psychologist associated with Lake Alice's child and adolescent unit is fit to provide services for it.
That's despite that body, the New Zealand Psychologists Board, saying its unable to investigate allegations stemming from the notorious unit in the 1970s, as they predate legislation that regulated the profession.
The psychologist in question is Victor Soeterik who, aged in his early 80s, is semi-retired but still occasionally practising in Hawke's Bay.
ACC not removing psychologist despite Lake Alice association
ACC confirmed he was one of its approved service providers, and was able to treat and assess clients with sensitive claims.
This angered survivors of the Lake Alice unit, where the government had acknowledged children were tortured under a regime headed by its disgraced lead psychiatrist, Dr Selwyn Leeks.
Soeterik is adamant he only visited Lake Alice for half a day a week in the 1970s when he was training, to observe group therapy sessions at the child and adolescent unit.
But survivors saw him as Leeks' right-hand man, and said he ran the sessions, which resulted in children receiving electric shocks and painful paralysing injections if they didn't participate fully.
It's not alleged Soeterik personally administered the punishment, but that he knew about it.
Survivors have recalled the embarrassment of being singled out in the sessions for questioning, and in some cases being forced to disclose personal information such as previous abuse.
Karilyn Wildbore attended the unit as a teen in the 1970s and in October complained to the Psychologists Board about Soeterik.
She received a reply from the board, that said it can't investigate.
"Because psychology did not become a regulated profession until the 1981 act was introduced, your concerns about Mr Soeterik (which relate to alleged conduct in the 1970s) cannot be considered by the Psychologists Board."
The reply said the Health Practitioners Competence Assurance Act made it clear the board couldn't investigate alleged conduct before a person was registered with it.
"This means that, although Mr Soeterik is currently registered with the board, the board has no ability to consider his alleged conduct from the 1970s when he was working at Lake Alice Hospital."
When asked if he was fit to provide services for ACC, Soeterik said he'd done so since 1992 and had no complaints made about him.
He didn't want to comment about the board's inability to look at complaints of pre-1981 allegations.
"I have no views on what the survivors are up to."
Wildbore said the board's inability to investigate was disappointing - "just for the sheer fact that nobody is willing to help us".
She didn't believe Soeterik was suitable for the sort of work an ACC provider would do.
ACC sticks to stance
When RNZ revealed Soeterik's work for ACC last month, ACC said it required service providers to have appropriate skills, experience and qualifications, and it relied on professional bodies to regulate health professionals.
RNZ approached ACC, and said that in this case the professional body for psychologists said it couldn't investigate allegations from the 1970s.
ACC deputy chief executive for system commissioning and performance John Bennett said Soeterik remained an approved service provider.
"ACC is satisfied with the process we have in place to ensure our service providers meet the requirements set out in our health contracts.
"As explained in our previous response, ACC depends on the responsible authorities outlined in the Health Practitioners Competence Assurance Act 2003 to regulate health professions (in this case, the New Zealand Psychologists Board).
"These authorities are tasked with ensuring that health practitioners in New Zealand possess the necessary competence and fitness to practice, meeting established standards of proficiency and conduct within their profession."
ACC clients chose their own providers, such as Soeterik or other psychologists, or could ask for help in finding one, and could change if they wished, Bennett said.
If a client complained about a provider, ACC had a robust process in place, he said.
RNZ asked the Psychologists Board what options there were for people to complain about pre-1981 allegations. It suggested contacting the Ministry of Health.
The ministry said: "Psychologists were first recognised as a newly registered profession in 1981 under the Psychologists Act, which set out rules related to competence, conduct, and fitness to practise.
"While it is difficult to comment on a specific case, options may include making a complaint to the Health and Disability Commission."
Complaint pursued
Wildbore said she would complain to the commissioner, which takes on average more than two years to investigate a complaint.
Mike Ferriss, from watchdog group the Citizens Commission on Human Rights, said he hoped the commissioner would investigate.
"Victor Soeterik has always flown beneath the radar when it comes to professional bodies being able to examine his involvement at Lake Alice. That should not really be the case.
"It's pretty obvious that what happened there is not only ill-treatment and abuse. It's now seen as torture."
ACC should look at its ties with Soeterik, Ferriss said.
In 2021 Soeterik told the Royal Commission he didn't know that children who didn't speak up in group therapy sessions were punished with electric shocks and paralysing drugs.
Given that, Ferriss said it raised questions about his suitability, as an ACC provider, to assess people who had suffered abuse.
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