Page 278 - Week 01 - Thursday, 13 February 2020
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The number of community care orders is small relative to the number of psychiatric treatment orders. The number of community care orders issued since commencement of the act remains similar to those in the years immediately preceding, 18 in 2015-16 and 16, 15 and 19 in the following three years.
It is worth noting that the report further concludes that forensic orders are not operating as intended. As at the time of the review, no forensic orders had been made since the commencement of the act. One forensic order has been made since. Under section 101(2)(e) of the act, a forensic order can only be made in circumstances where another less restrictive mental health order cannot be made.
One response received during consultation surmised that forensic orders will continue to not be made, as in almost all cases psychiatric treatment orders and community care orders are sufficient to provide the necessary treatment, care and support. Another contributor to the review indicated that the current practice is viewed as being consistent with the object of least restrictive care.
The report recommends that the purpose and intent of forensic mental health orders be reviewed within the context of least restrictive care. I accept this recommendation. This work has commenced and there will be formal consultation on this question later in 2020. This is complex work, which necessarily involves a lot of conversations with a range of people and the consideration of some emotive topics, so proposed changes to the forensic provisions would be presented to the next Legislative Assembly for consideration.
The report also recommends that the act be reviewed to provide clarity in the circumstances that a contravention notice is in force but the patient consents to the treatment. I accept this recommendation. This work is underway and legislative amendment is being considered to ensure that consenting mental health patients can receive treatment, care and support in the community. When this work is concluded, and consultation has taken place, I will present any proposed legislative amendments to this Chamber for consideration.
The final recommendation is that the data be reviewed again after a period. The recommendation refers to a new model of care. I note the work of our clinical delivery services in ensuring that the model of care for mental health patients evolves over time to reflect both best practice and new evidence as it becomes available. I accept the recommendation as an opportunity to consider the future operation of the act, particularly with respect to these orders provisions and any amendments that are ultimately made to the legislation.
As part of the review we welcomed submissions with respect to all aspects of the legislation, not just those sections of the act that were mandated for review. The submissions received are rich and detailed, providing a blueprint for considering other aspects of the legislation that were not contemplated by the mandated review provisions. This will be a significant piece of work and I thank all those members of our community who took the time to share their perspectives.
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