Page 2817 - Week 11 - Wednesday, 21 October 1992
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treat this young lass, the rights of the carer and the rights of the mother, is a problem that I do not think any health system wants to face. But it is a problem that really must be faced as this young lass is getting no treatment at all at this stage, which I am sure nobody would see as appropriate.
It has also been argued that under the present law the duties and obligations of mental health staff are definitely not transparent. Consulting the various bits and pieces of present mental health legislation does not make readily apparent to staff members what their responsibilities are. This has led to confusion and may have been an underlying cause for the electroconvulsive shock therapy incident recently. So, a clear statement of the duties and obligations of providers is important.
On the other side of the coin, the legislation must also contain a statement of the specific rights of patients. The Community Advocate also has been a very important reform in terms of protecting the rights of the mentally ill. However, it was noted in the recent Estimates Committee hearings that the Community Advocate is overworked and underresourced. Many of the key recommendations of the Balancing Rights report depended on having a properly resourced, independent Community Advocate. Whilst the Community Advocate has played an invaluable role, the advocate has no power to enforce the disclosure of information, such as patient records, and she is bound to rely on the goodwill of those she is investigating.
To sum up, it is apparent that there are a number of pressing reasons to introduce the proposed mental health and community care Act as soon as possible. This year there has been a stream of newspaper articles on the poor state of the mental health system in the ACT, culminating, of course, in the EC shock therapy incidents. Mental health is a complex area, but the Government has had a long time to introduce this new legislation. The Government, as I said, has taken some positive steps, but the approach so far is piecemeal. A more fundamental reform is necessary, and necessary now. I sincerely hope that the budget initiatives we have seen recently will be the start of an energetic process of reform, and that we will see this new Act for consideration by this Assembly and by the new Mental Health Advisory Council in the very near future. It is in the interests of all ACT residents for that to happen.
MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (12.02): Whilst I respect wholeheartedly the right of members to raise issues of concern to the community in the course of debate in this place, in the mental health area I find it most distressing when issues are raised which will impact on the well-being of those coping with a mental illness out there when it becomes a matter of public debate. Mrs Carnell has taken the quick-quick, slow-slow approach. It is not - - -
Mrs Carnell: You do not like it when I say that things you have done are good.
MADAM SPEAKER: Order!
MR BERRY: It is too slow, it is too quick; you can never get it quite right with Mrs Carnell. I expect her to take that particular line on most cases and not really go to the issue. On this issue the Government has a pretty good performance, I think. The ACT Labor Government is committed to upgrading the health system in the ACT and has already taken a number of key reforms in this area,
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