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Mental Health Bill 2013. WAAMH Sector Forum - Building Blocks for Reform 30 October 2013. Background. Intended to repeal and replace Mental Health Act 1996 1996 Act commenced late 1997, 5 year review clause Holman Review commenced 2001
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Mental Health Bill 2013 WAAMH Sector Forum - Building Blocks for Reform 30 October 2013
Background • Intended to repeal and replace Mental Health Act 1996 • 1996 Act commenced late 1997, 5 year review clause • Holman Review commenced 2001 • Change of Government, appointment Minister for Mental Health, Mental Health Commissioner • Advice from local, national and international experts • Exposure Draft Mental Health Bill released December 2011 • Green Bill tabled for public comment in November 2012
Principles underlying the Bill The Bill is predicated on the principles of: Procedural fairness for people experiencing mental illness Accountability of clinicians Inclusion of families and carers
Key changes from 1996 Act: rights • Person’s wishes must be taken into account, including those in any AHD • Right to independent further opinion • Treatment, support and discharge plan • Physical examination within 12 hours • Additional rights for Aboriginal and Torres Strait Islander people • Must be visited or otherwise contacted by Mental Health Advocacy Service within 7 days for adults and 24 hours for children • Other groups of people have a right to access the Mental Health Advocacy Service, including persons referred for examination by a psychiatrist • More frequent reviews by a Mental Health Tribunal
Key changes from 1996 Act: recourse • Mental Health Tribunal with additional functions, including reviewing validity of orders, issuing compliance notices, review of other decisions affecting rights • Comprehensive Part dealing with complaints to mental health services and to HaDSCO, who can conciliate and investigate complaints • Expanded role of Chief Psychiatrist – can review and overturn clinical decisions • Decision not to admit a person as a voluntary patient can be reviewed by Chief Psychiatrist and HaDSCO
Key changes from 1996 Act:other advancements • Charter of Mental Health Care Principles • Shorter timeframes for detention • Can be an involuntary inpatient in general hospital where physically unwell • Recognition of families, carers and nominated person – inform and involve • Audiovisual assessment and examination in regional and remote areas • Transport officers to undertake some patient transport • Prohibition on ECT being provided to children under 14 • Prohibition on psychosurgery being provided to children under 16
Where to from Here? Implementation Information Education Materials