Page 2032 - Week 07 - Thursday, 17 June 1993
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Mr Deputy Speaker, the Government wholeheartedly endorses this statement and we hope that this Bill will meet this ideal. This Government is committed to the principle of providing treatment and care in the least restrictive environment for mentally dysfunctional people and the preservation of their human rights. We have endeavoured to produce legislation that is more user friendly for mentally dysfunctional persons and relatives and carers. In particular, the tribunal will be a less formal and less threatening body to make decisions in relation to mentally dysfunctional persons. People with a mental dysfunction are often disadvantaged, as they experience difficulties in communicating effectively and having their needs addressed. This Bill, Mr Deputy Speaker, addresses this problem by ensuring that the Community Advocate is available to assist mentally dysfunctional people as necessary.
The tribunal will be specifically tailored to consider the needs of people affected by a mental dysfunction, as it will have a representative from the judiciary, the mental health profession and the community. The tribunal will also have the power to draw on the expertise of other professionals as necessary. The tribunal will have a much broader role than that currently being performed by a magistrate under the Mental Health Act. The tribunal will have jurisdiction over persons affected by a mental dysfunction, which will include people who are intellectually disabled or mentally ill or who may suffer from a personality disorder that creates substantial living difficulties. Unfortunately, Mr Deputy Speaker, the experience of the past has been that the mental health system has operated to make it inevitable that some people who are mentally dysfunctional are not provided with timely treatment or an appropriate management regime to meet their needs. This legislation, together with new services and facilities, will ensure that these people no longer fall through the gaps.
Applications or referrals to the tribunal may be made by relatives, friends, doctors, welfare agencies, concerned neighbours, the police, the court, the DPP, or the Community Advocate. The essential elements for an application are that the applicant has reasonable grounds for believing that, because of mental dysfunction, the person's health and safety is, or is likely to be, substantially at risk, or the person is, or is likely to be, a danger to the community. An application must be accompanied by a statement specifying the grounds on which the applicant has formed this belief. The tribunal will have jurisdiction to inquire whether a person who is referred to the tribunal needs to be assessed by a psychiatrist or a psychologist; to arrange or order assessments for persons who are apparently mentally dysfunctional; to make mental welfare orders which may include orders for psychiatric treatment, counselling, care or support or residence at a particular place; and regularly review mental welfare orders.
Mr Deputy Speaker, the tribunal not only will have jurisdiction to make decisions about civil patients but also will have a role in relation to people who have come into contact with the criminal justice system. The Government wishes to ensure that people do not become entangled in the criminal justice system if their needs could be more appropriately addressed within the health or welfare systems. The current Act does not deal with these issues. We have included provisions in this Bill to address these problems. In particular, the tribunal has functions in relation to assisting police to determine the best course of action for persons who have been arrested but are apparently mentally dysfunctional; determining whether a person who is charged with an offence is fit to plead; providing
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