Mental Health Bill 2013

Building blocks for reform: The 2013 Mental Health Bill is explained, with key advancements from previous acts and the future goals discussed.

Transcript

1. Mental Health Bill 2013 WAAMH Sector Forum - Building Blocks for Reform 30 October 2013
2. 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
3. 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
4. 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
5. 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
6. 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
7. Where to from Here? • Implementation • Information • Education • Materials