Page 1113 - Week 04 - Wednesday, 20 March 1991
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think Ms Follett herself moved the motion - that certain matters dealing with public behaviour be referred to the Standing Committee on Social Policy.
It was widely seen - certainly by those of us who were in Opposition at the time - that this was a mechanism to defuse a potentially difficult situation where there was clearly a perceived problem which the then Government was perceived not to be doing anything about. It was in that inauspicious sense, therefore, viewed with some scepticism by the then Opposition. Looking through the recommendations of this report - notwithstanding its genesis - I have to say that it has proved to be a useful tool in examining a whole series of important social issues in the ACT.
As far as I am concerned, speaking as Minister for Health, there are a couple of recommendations which particularly touch on my portfolio and which I might make a brief reference to. The third recommendation, in paragraph 3.1, deals with the recommendations originally made by SHOUT concerning a review of the Mental Health Act in the ACT. As members will be aware, that has occurred. There has been a review of the operation of the Act and, more broadly speaking, of the way in which the ACT can provide a better legislative framework for mental health services and mental health policy in the Territory.
That report on the review reached me in November last year. I explained, in answer to a question yesterday, what action the Government is taking to respond to the issues that were raised in that document. It is an important and far-reaching review. It obviously has an impact on social behaviour and public behaviour in that, very often, people who either are under treatment orders, or potentially could be under treatment orders, are found to be in breach of some law with respect to public behaviour or otherwise causing problems. It is important that we have that particular part of the problem covered through a comprehensive and up-to-date piece of legislation in this regard.
The controversy which accompanied that legislation, or the equivalent legislation in New South Wales, has led the Government to some caution. I reaffirm that a cautious approach is very important and necessary in this matter. On the one hand, there is considerable public anxiety about the civil liberties of people who might be affected by changes in legislation and, on the other hand, there are the rights of the public, in particular, members of families of people who suffer from mental problems. There is a need for those two matters to be balanced and for the law to protect both parties. That is obviously the goal that the Government seeks to advance through its consideration of this report.
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