Page 2038 - Week 07 - Thursday, 4 June 2015
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In 2007 decades of advocacy of people with mental illness or disorder, carers and their allies across the globe culminated in the United Nations Convention on the Rights of Persons with Disabilities. This was ratified by Australia in 2008. The convention makes paramount the autonomy and dignity of people with disabilities, including people with mental illness or disorder. This is reflected in a key principle arising from the review—namely, there should be a renewed emphasis on respecting the capacity of a person with mental illness or disorder to make decisions about their own treatment and care with people assisting them to do so if the person needs such assistance.
Another of the principles decided on by the review was that when a person has a carer, the knowledge that carer has of the person’s wishes and needs must be actively recognised by health professionals, ACAT and others working with the person on their treatment and care under the ACT’s mental health law. The bill’s clauses very much reflect these principles. They also manifestly reinforce the rights of persons with mental illness or disorder and their carers.
Even before the advent of the UN Convention on the Rights of Persons with Disabilities, these rights were proclaimed in the ACT by the Human Rights Act 2004, Australia’s first human rights bill. As members of this place will know, it is the clear intent of the Human Rights Act that the ACT’s public authorities, including its services for people with mental illness or disorder, observe the rights of all people in the ACT.
In keeping with these principles and rights, the review was steered by a review advisory committee constituted not only of people who have experienced mental illness or disorder and people who have been the primary carers of people with such illness or disorder but also those organisations who advocate for them and have a membership that is substantially comprised of people with mental illness or disorder and child and adult carers. These organisations included the Mental Health Community Coalition of the ACT and the Youth Coalition of the ACT.
The review also benefited from the expertise and considered advice of these people and organisations along with committee members from agencies that routinely serve people with mental illness or disorder and their carers. These included the Health, Community Services, and Justice and Community Safety directorates, the ACT Policing mental health liaison unit, the ANU’s Research School of Psychology, the ACT Medicare Local, ACT Ambulance Service, ACT Corrections, Disability ACT, the Chief Psychiatrist, the Community Care Coordinator, the Public Advocate, the Victims of Crime Commissioner, the Human Rights Commissioner, the Health Services Commissioner, the Principal Official Visitor, the Office of the Director of Public Prosecutions, the Courts Registrar and the General President of the ACT Administrative and Civil Appeals Tribunal.
This bill will complete the legislative reforms that the review determined necessary, and I take this opportunity to pay tribute to all of the review advisory committee members for their commitment in ensuring the ACT delivers contemporary, safe and effective treatment and care services to people with mental illness and disorder with their carers and other close friends and relatives. I commend the bill to the Assembly.
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