Mental Health Bill 2013WAAMH Sector Forum - Building Blocks for Reform

30 October 2013

Background

• Intended to repeal and replace Mental Health Act 1996

• 1996 Act commenced late 1997, 5 year review clause

• Holman Review commenced 2001

• Change of Government, appointment Minister for Mental

Health, Mental Health Commissioner

• Advice from local, national and international experts

• Exposure Draft Mental Health Bill released December

2011

• Green Bill tabled for public comment in November 2012

Principles underlying the Bill

The Bill is predicated on the principles of:

• Procedural fairness for people experiencing mental illness

• Accountability of clinicians

• Inclusion of families and carers

Key changes from 1996 Act: rights

• Person’s wishes must be taken into account, including those in any AHD

• Right to independent further opinion

• Treatment, support and discharge plan

• Physical examination within 12 hours

• Additional rights for Aboriginal and Torres Strait Islander people

• Must be visited or otherwise contacted by Mental Health Advocacy Service

within 7 days for adults and 24 hours for children

• Other groups of people have a right to access the Mental Health Advocacy

Service, including persons referred for examination by a psychiatrist

• More frequent reviews by a Mental Health Tribunal

Key changes from 1996 Act: recourse

• Mental Health Tribunal with additional functions, including reviewing

validity of orders, issuing compliance notices, review of other decisions

affecting rights

• Comprehensive Part dealing with complaints to mental health services

and to HaDSCO, who can conciliate and investigate complaints

• Expanded role of Chief Psychiatrist – can review and overturn clinical

decisions

• Decision not to admit a person as a voluntary patient can be reviewed

by Chief Psychiatrist and HaDSCO

Key changes from 1996 Act:other advancements• Charter of Mental Health Care Principles

• Shorter timeframes for detention

• Can be an involuntary inpatient in general hospital where physically unwell

• Recognition of families, carers and nominated person – inform and involve

• Audiovisual assessment and examination in regional and remote areas

• Transport officers to undertake some patient transport

• Prohibition on ECT being provided to children under 14

• Prohibition on psychosurgery being provided to children under 16

Where to from Here?

• Implementation

• Information

• Education

• Materials