Mental Health Bill 2015 (QLD)
Wednesday 30 September 2015 @ 11.49 a.m. | Legal Research
On 17 September 2015, the Queensland Legislative Assembly introduced the Mental Health Bill 2015 (the Bill) into Parliament. Amongst other things, the Bill repeals the current fifteen year old Queensland Mental Health Act 2000, and is aimed to improve and maintain the health and wellbeing of persons with a mental illness.
Background to the Bill
The overall purpose of the Bill is to keep up with the developments in patient rights and clinical practices associated with mental health. The Bill will establish a new framework for those so mentally unwell that they do not have the capacity to make sound judgments about their own treatment or health. The Bill will allow a lawful authority to treat the patient.
As the Queensland Minister for Health and Ambulance Services, Cameron Dick, provided in his second reading speech, the Bill also strengthens the requirement to consult with families, carers and other support persons. He stresses that:
“This is critical to having a recovery orientation to the treatment and care of persons with a mental illness. Under this bill this consultation must occur unless the patient specifically requests the communication does not take place, the support person is not readily available or the communication is likely to be detrimental to the patient’s health and wellbeing - for example, if there is a dysfunctional family relationship.”
Further to this, the Bill promotes the use of advance health directives which allow patients the opportunity to have greater control over their future health care needs. As a response to stakeholders’ concerns, the Bill requires that a doctor must explain to the patient and properly document all reasons why certain advance health directives were not followed.
Mr. Dick emphasises the need to balance the needs of an involuntary patient with the needs of the community in cases where the criminal justice system is involved. He says:
“Importantly, this bill strengthens the management of risks to the community where serious unlawful acts are committed. In these circumstances the bill enables the Mental Health Court to impose a non-revoke period of up to 10 years on a forensic order for the most serious violent offences such as murder.”
Improvements over the Mental Health Act 2000
There are a number of deficiencies with the current act in dealing with persons of unsound mind or a person who is unfit for trial before the judiciary. The new Bill will ensure that magistrates will have the ability to dismiss charges in these circumstances. This new power will allow magistrates to prevent vulnerable individuals from being unfairly found guilty of minor offences.
Other improvements over the Mental Health Act 2000 as explained in Mr. Dick’s second reading speech, amongst other things, includes:
- Tightening the criteria under which a person may be placed on a treatment authority;
- Requiring that advanced health directives be followed where possible instead of placing the patient under a treatment authority;
- Provide for more tightly defined ‘examination authorities’;
- Provide further support for patient recovery and allow for patients to receive second opinions where there may be unresolved concerns;
- Introducing ‘treatment support orders’;
- Requiring approval from chief psychiatrists before mechanical restraints can be employed;
- Allowing victims of unlawful acts to be notified of the reasons for increasing community treatment for the relevant patient.
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