Page 163 - Week 01 - Wednesday, 17 February 1993
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suffering from mental illness. The primary function of the Community Advocate will be to represent people suffering from mental dysfunction at the tribunal, which represents an expansion of the existing mental health advocacy role, and will be supported with extra resources.
The provisions for involuntary detention and orders of the mental health tribunal will reduce the need for court appearances and possible unnecessary trauma for the person. However, the person will retain the right to appeal against orders of the tribunal should they wish to do so. These provisions are incorporated in the legislation for the establishment of the mental health tribunal. The tribunal will consider matters and make decisions in relation to persons suffering from mental dysfunction, including those in contact with the criminal justice system.
The key functions of the tribunal will be to determine fitness to plead of persons charge; to review and decide when persons detained in a prison psychiatric hospital following a finding of not guilty by reason of mental illness should be released from custody; and to arrange assessments of, and make case management decisions and treatment orders in respect of, persons suffering from mental dysfunction.
The provisions for the tribunal allow for applications to the tribunal to be made by relatives, doctors, welfare agencies, concerned neighbours, the police, the DPP, the Community Advocate, Corrective Services and the courts on the basis that, in the view of the applicant, the person is mentally dysfunctional and requires care or treatment for his or her own health and safety and/or the protection of the community. The establishment of the tribunal will expand the dispositions available to the courts and is in line with the thrust of the recommendations of Balancing Rights. This Government has also set up a multi-agency working group to examine and report on the integration of services and facilities for people with mental illness. Madam Speaker, I have recently re-established the Mental Health Advisory Council, which will advise me on a regular and ongoing basis on mental health related issues so that the community voice is always heard. Such is the commitment of the Labor Party to community consultation.
Madam Speaker, the Government has established a day care centre so that young people with severe difficulties can receive positive intervention and assistance in coping with their day-to-day life. My department has strengthened formal links with the New South Wales Health Department to facilitate planning of health services and facilities for the ACT and the surrounding region of New South Wales by the re-establishment of the South-East Regional Liaison Committee. Cross-border mental health issues, particularly those relating to long-term health facilities such as those highlighted by the Burdekin inquiry into the rights of people with mental illness, will be examined by this committee.
Obviously, in this climate of restricted budgets we cannot achieve everything at once. My intention, Madam Speaker, is to move as quickly as possible within the confines of these restrictions. I remind members of the Assembly of my comments in relation to proposed health budget cuts by a Hewson administration. Madam Speaker, my aim is to continually provide the initiatives necessary to enhance the protection of people with mental illness. I am pleased to table this statement and the Government's response to Balancing Rights. I move:
That the Assembly takes note of the papers.
Question resolved in the affirmative.
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