ACT Notifies Two Mental Health Acts As Preparation For New Secure Facility
Monday 27 June 2016 @ 11.34 a.m. | Legal Research
The ACT has notified two new Acts that make reforms to mental health legislation in the Territory. The Mental Health Amendment Act 2016 makes a number of amendments to leave provisions and institutes a system for transferring people to the new secure mental health unit that is being established under the Mental Health (Secure Facilities) Act 2016.
In a media release announcing the passage of the bills through the Legislative Assembly, Minister for Health Simon Corbell said:
“The ACT Government is committed to ensuring there are robust processes and clear understanding of the rights and responsibilities of staff, visitors and patients that will use the secure mental health facility.
Both Bills have looked at best practice around Australia and overseas and applied it in the ACT context. They have also been developed through extensive consultation with key mental health agencies and clinicians, including the ACT Human Rights Commission and the Public Advocate.”
Mental Health (Secure Facilities) Act 2016
This Act was introduced to provide a legislative framework for the ACT’s first secure mental health facility, which is a 25-bed facility due for building completion later this year. The Act deals with administration of the facility, makes rules about contact between patients and other people, and legislates for searches of patients and the facility.
In his second reading speech, Mr Corbell noted that creating appropriate legislation was a “complex task”, in that it was necessary to balance the rights of “the most vulnerable in the community” with the interests and rights of the wider community and the staff of the facility. He said the legislation aimed to provide clarity for everyone involved in the process, and noted:
“Facilities such as the new secure mental health unit will deal with challenging situations on most days of their operation and the scenarios that engage competing human rights will occur regardless of whether we adopt this bill or not. This bill will provide a firm backdrop to guide the handling of those scenarios in a manner in which we would wish to see them approached.”
Mental Health Amendment Act 2016
The Act makes a number of amendments that have arisen since the Mental Health Act 2015 commenced this year on 1 March, including making amendments to the leave provisions for people detained at mental health facilities and a number of technical amendments.
According to the Bill’s Explanatory Memorandum:
“The main clauses in the present Bill are designed to provide for the transfer of legal custody from ACT Corrective Services and ACT Child and Youth Protection Services to the ACT Health Directorate for two classes of people:
- People on mental health orders and forensic mental health orders who are in the custody of ACT Corrective Services or ACT Child and Youth Protection Services - ‘Forensic mental health’; and
- People in the custody of ACT Corrective Services or ACT Child and Youth Protection Services who require treatment for mental illnesses or mental disorders and who voluntarily agree to it – Correctional patients.”
The main provisions of both Acts commenced on 21 June 2016.
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Sources:
Mental Health (Secure Facilities) Act 2016, Bill, Explanatory Memorandum and Second Reading Speech - available from TimeBase's LawOne service
Mental Health Amendment Act 2016, Bill, Explanatory Memorandum and Second Reading Speech - available from TimeBase's LawOne service
