Page 162 - Week 01 - Wednesday, 17 February 1993
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It is the responsibility of the community and the Government to ensure that the rights of these people are protected, that they have easy access to appropriate services and that their voices and wishes are heard and heeded. In the past the mental health system has operated to make it inevitable that some people who are mentally dysfunctional do not receive treatment or exposure to an appropriate management regime until they are finally brought before the courts and charged with an offence. It is inappropriate that the method of intervention for these people should be decided by criminal justice processes. Unfortunately, because there has been no alternative treatment or care available in a more compassionate environment, people with mental dysfunction are often tainted with criminality or convictions, with serious consequences for their reputation and sometimes their liberty.
Whilst the focus of the report is on changes to the law relating to mental health, there are recommendations about changes to services. Madam Speaker, I wholeheartedly support the approach developed by the Balancing Rights report, which would enable us to provide the least restrictive environment for mentally dysfunctional people and preserve their human rights. The philosophy espoused in the report has been adopted by this Government and is in line with that of the national mental health plan. It reflects the commitment given in March 1992 at the Burdekin inquiry into the rights of people with mental illness.
Madam Speaker, I am delighted to announce that this Government is responding to the needs of people with mental illness. This Government will implement and is implementing innovative and exciting changes to the ACT Mental Health Act to enhance the rights of people with mental illness. This Government will not shy away from its responsibilities and its genuine commitment to implementing the principles espoused in its social justice policy. The Government will introduce new legislation which will adopt the definition of mental dysfunction as recommended by Balancing Rights.
Other key recommendations from the report relating to reform of mental health legislation in the ACT include the establishment of a mental health tribunal and the expansion of the functions of the Community Advocate to include mental health advocacy. These initiatives bring the ACT into line with other jurisdictions, including New South Wales and Victoria. Other proposed legislative changes include the repeal of the outdated Lunacy Act 1898 and the introduction of mandatory access to interpreter services. Consistent with the report, the Government recognises that, ideally, treatment should be voluntary and that patients should be accorded certain prescribed rights such as the right to be assessed by a medical practitioner.
Balancing Rights made recommendations on the law relating to involuntary detention and treatment and concluded that the rights of the person suffering from mental illness need to be balanced against the rights of others who are affected by the person's illness, particularly family and carers. The proposed mental health tribunal will deliberate on options available as each case is assessed. As more appropriate services become available the lot of carers and families must improve.
We will be introducing legislation to expand the Community Advocate's functions to include general mental health advocacy. The role of the Community Advocate will be significantly expanded in relation to the mental health tribunal and will have the vitally important function of protecting the rights of people
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