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Legislative Assembly for the ACT: 1997 Week 13 Hansard (4 December) . . Page.. 4625 ..

MS TUCKER (continuing):

This legislation has raised a number of issues for me again about the inadequacy of mental health services in the ACT. While I appreciate that this legislation is not about flicking people over the border because we do not want to deal with them here, we still have a lot of work to do to make sure high-quality mental health services are available to ACT residents. In particular, the ACT is lacking a number of critical services. I again draw members' attention to some of the recommendations of the Social Policy Committee report on the adequacy of mental health services in
the ACT.

Of particular relevance to this debate is the lack of a secure facility for people with a mental illness who require involuntary accommodation, and the absence of a forensic psychiatry facility which is administered by the health portfolio. There were also recommendations that the ACT Government expand the range of community-based clinical and non-clinical services and community-based supported accommodation options. We also made specific mention of the special circumstances surrounding the provision of mental health services to the Aboriginal and Torres Strait Islander community and called for greater continuity of care. Obviously, this last point is critical to any decision to transfer mentally ill patients interstate. Mental health is an area of great importance to the community and the cost of mental illness in terms of human suffering is significant. Reform in this area is critical and urgent. While I support this Bill, it will need to be very closely monitored.

MRS CARNELL (Chief Minister and Minister for Health and Community Care) (5.49), in reply: Mr Speaker, this Bill will enable the ACT to enter into agreements with other Australian jurisdictions for the transfer, detention and treatment of mental health patients. At present mental health patients need to be classified as criminals if they are to be transferred across borders. I think we all accept that that is an unacceptable situation. The amendments are the result of public consultation processes on the Mental Health (Treatment and Care) Act and recent amendments to the New South Wales mental health legislation. This Bill mirrors the New South Wales legislation and provides for the transfer of patients across borders, recognition of interstate orders, and the apprehension and return of patients who are absent without leave. Recently the New South Wales Minister for Health, whom I have met, wrote to me requesting that negotiations commence on cross-border agreements as soon as our legislation allows.

The Bill will provide the ACT with access to New South Wales facilities. This will assist us in addressing the need for secure care for some people with mental illnesses, while the Government and the Assembly continue to explore opportunities for providing such services in the ACT, and I agree with Ms Tucker that these services are desperately needed. The Government will shortly release the full results of the community consultation process in regard to the Mental Health Act. The results will highlight definitional issues and provide the opportunity for further comment on this very important issue. Recommendations for amendments to the Act will need to be considered by the next Assembly. Mr Speaker, I thank members for their support for this important piece of legislation.

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