Page 1720 - Week 06 - Thursday, 30 July 2020
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intended. At the time of the review, no forensic mental health orders had been made. Two orders have subsequently been made. The tabling of these two reports finalised my mandatory reporting responsibilities under the act.
During the consultation and review process, submissions were received on the general operation of the act. Through the review processes, several opportunities were identified for legislative amendments. The possible amendments range widely in scope and size, some being comparatively minor amendments, such as enabling a patient to consent to treatment after a contravention notice has been issued. Others require significant consultation, framing and consideration against the philosophical basis of the legislation, such as forensic mental health orders.
I determined that select amendments should be progressed at the earliest opportunity, while the remainder be considered in a second tranche of work. This decision considered the limited time available to progress amendments in the Ninth Assembly, the complexity of the potential amendments and the importance of engaging with consumers, carers, clinicians and the community in a sensitive and appropriate manner. As such, this bill does not conclude the process for amending the act. Further changes are likely to be proposed in a future legislation program, after detailed consultation and development of those proposed changes.
This bill seeks to enhance the rights of mental health consumers subject to the act, through the inclusion of additional safeguards to apprehension, and provides additional clarity about contravention orders. The bill also seeks to ensure the rights of affected persons by extending the affected persons register and providing a mechanism for the ACT Civil and Administrative Tribunal, ACAT, to consider the views of the affected person and the Victims of Crimes Commissioner when orders are being contemplated. The bill also seeks to provide the Chief Psychiatrist with a power to issue guidelines that can provide greater detail on complex questions of operationalising the act.
These amendments support the object and principles contained in the act, particularly the rights of a person with a mental illness or disorder to determine their own recovery, as much as is possible, and access the best available treatment, care and support relating to their individual needs. The amendments reflect the ACT government’s commitment to person-centred care and a safe, responsive and sustainable public health system. The amendments fall largely into five areas.
Firstly, section 77 of the act relates to contravention of a mental health order. The act is not currently explicit as to what happens in circumstances when a contravention notice is in force but the patient consents to treatment following the issuing of such a notice. The legislation specifies that, when a contravention notice requires a patient to undergo treatment, the patient must be taken to an approved mental health facility for the treatment to be provided.
The amendments to this section will provide clarity in these circumstances by providing the option for the clinician to provide the treatment in an alternative location such as a patient’s home. The amendment will preserve the discretion for the clinician to determine what is the appropriate course of action, given the individual
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