Page 277 - Week 01 - Thursday, 13 February 2020
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actions across the seven themes to assist with ongoing environmental management. These are not formal recommendations and do not require an ACT government response. I commend the ACT State of the environment report 2019 to the Assembly.
Question resolved in the affirmative.
Mental Health Act—review of the operation of mental health orders
MR GENTLEMAN (Brindabella—Minister for Advanced Technology and Space Industries, Minister for the Environment and Heritage, Minister for Planning and Land Management and Minister for Police and Emergency Services) (3.33): Pursuant to standing order 211, I move:
That the Assembly take note of the following paper:
Mental Health Act, pursuant to subsection 271(2)—Review of the Operation of Mental Health Orders under the ACT Mental Health Act 2015—Sections 58, 66, 101, 102, 108.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (3.33): I am pleased to table this report via Minister Gentleman. It is being tabled in accordance with my obligations under the Mental Health Act.
The Mental Health Act sets out a system that carefully balances the need to provide a safety net for people experiencing significant mental health conditions, with the right of every person to choose if and when they receive medical treatment. This balance was explored in detail during the considerable stakeholder engagement and public consultation. Getting this balance right is critical to promoting a recovery-oriented approach to mental health service delivery and aligning our mental health legislation with human rights law.
I have risen in this chamber on a previous occasion to speak about the fact that it is a fundamental principle of our health system in Australia that people have the right to choose if and when they receive medical treatment. This principle applies equally to people with mental illness, and any limitations on this right must be carefully considered. This principle is a critical criterion when considering the effective operation of the Mental Health Act.
The report that I table today examines the parts of the act that provide for treatment, care and support to be provided on an involuntary basis through mental health orders and forensic mental health orders. I am pleased that the report indicates that the policy intent of the act has been delivered for mental health orders. The sections of the act that provide for psychiatric treatment orders and community care orders are operating as intended.
In line with the least restrictive philosophy, which is central to the act, it is encouraging to see that data on mental health orders show a substantial decrease of 24.5 per cent in the annual number of psychiatric treatment orders in the two years following the commencement of the act, compared with the two years prior.
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