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Legislative Assembly for the ACT: 1997 Week 11 Hansard (6 November) . . Page.. 3874 ..

2

Mr Speaker, this Bill introduces amendments which will allow the ACT to make agreements with other States and Territories for the transfer, detention and treatment of mental health patients.

The impetus for the amendments comes partly from the community consultation earlier this year on the Mental Health (Treatment and Care) Act 1994.

In addition, the NSW Mental Health Legislation Amendment Act 1997 has recently come into force. It allows transfer of patients across borders, recognition of interstate orders, and apprehension and return of patients who are absent without leave.

The proposed amendments "mirror" the NSW legislation, and will empower me to enter into a cross-border agreement on these matters with the NSW Minister for Health.

The NSW Minister has already written to me requesting that negotiations commence on a cross border agreement, as soon as our legislative framework allows.

Access to NSW facilities will assist us in addressing the need for secure care for some people with mental illness requiring treatment.

Currently, any ACT mental health order for involuntary detention, treatment and care is not enforceable in NSW (or any other State).

The only way in which a mentally ill person can be transferred to a NSW psychiatric facility and remain subject to the jurisdiction of the ACT Mental Health Tribunal is if that person is transferred as a prisoner.

The amendments will ensure that there is the potential to transfer any mentally ill patient who requires the services of a NSW facility, regardless of whether they are referred through the criminal justice system or the health system.

In particular the amendments will:

. enable emergency admission of ACT persons to health facilities in other States or Territories;

. enable transfer of custodial patients from the ACT to health facilities in other States or Territories;

. enable emergency admission of interstate persons to health facilities in the ACT;

. enable transfer of interstate custodial patients to health facilities in this Territory;

. enable non-custodial orders made in the ACT to be made in relation to persons in other States or Territories; and

. enable treatment in the ACT of persons subject to interstate orders, like our mental health orders.

In addition, authorities in the ACT will be able to detain persons who are the subject of warrants, orders or other documents for apprehension issued under the mental health laws of another State or Territory.

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