Page 4918 - Week 15 - Thursday, 8 December 1994
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Mr Connolly - the answer to the Members question is:
(1) An interdepartmental committee will be established early in 1995 to set up a monitoring role during the first two years of the Act. The Act will be closely monitored by the Government over the two year period to ensure that the needs of people affected by this legislation are being met appropriately.
(2) The Legislative Assembly Standing Committee on Social Policy recommended that a formal monitoring mechanism be established whereby the Government reports to the Committee every six months on services. This monitoring mechanism will ensure the Government is advised on a regular basis as to how the legislation is working, and whether changes are desirable. The procedures for monitoring the Act will be developed during 1995 in consultation with the relevant Legislative Assembly Committee.
(3) The monitoring committee will establish consultation procedures which will enable service providers and the community to be involved and have input into the consultation process.
(4) It will be the responsibility of the Standing Committee on Social Policy to establish procedures for community groups to have input and feedback from the Committee-
(5) The monitoring committee will establish the procedures to enable community groups to obtain necessary information to monitor the operation of the Act.
(6) Monitoring the operation of the Act will occur at a number of levels. The Tribunal and the monitoring committee will both be in appropriate positions to monitor the Act on a regular basis. The Act will also be independently monitored by the Legislative Assembly.
(7) The Mental Health (Treatment and Care) Act 1994 prescribes strict procedures that must be followed before any treatment and care orders can be made. The Tribunal is an independent authority consisting of a Magistrate or legal practitioner of at least five years standing, psychologists, psychiatrists and members of the community. It will play a central role in scrutinising the application of this Act to ensure that the individuals interests are represented and protected. In addition, clients will be given the opportunity to contact the Community Advocate and independent legal representation.
(8) The Community Advocate has a role to ensure that the rights of individuals are protected. In addition, the monitoring committee will establish the procedures to enable community groups to obtain information they require to monitor the compulsory and involuntary detention of persons considered mentally dysfunctional.
(9) The Tribunal is the mechanism through which scrutiny of involuntary detention and non communication orders will occur. The Act provides safeguards to protect the rights of affected individuals and ensures that the Tribunals decisions are made against strict criteria.
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