South Australia Assents Mental Health (Review) Amendment Act 2016
Monday 18 July 2016 @ 11.33 a.m. | Legal Research
The Mental Health (Review) Amendment Act 2016 has been passed by the South Australian Parliament and was assented last week on 14 July 2016. The amending Act is the result ofa review of the principal Mental Health Act 2009 (SA) (“the Principal Act”), which commenced operation on 1 July 2010. Under section 111 of the principal Act, a review of the Act’s operation was to be carried out prior to 30 June 2014. The review was duly carried out by the Office of the Chief Psychiatrist. The amending Act implements a number of responses to the recommendations from this review.
The Act’s passage also coincides with the appointment of Chris Burns as South Australia’s first permanent Mental Health Commissioner.
Mental Health Minister Leesa Vlahos said in a media release:
“The Mental Health Act is critical legislation that informs how we provide services to those in the community with severe mental illness. The amendments passed today improve the rights of people with mental illness and enhance the capacity of our mental health services. With this legislation, the State Government is keeping the Act up-to-date with contemporary rights, legal and clinical best practice from around the world. I am confident that these changes will ensure continued high quality mental health services are provided to those South Australians who need it most.”
The Act contains more than sixty proposed legislative amendments. Introducing the Bill into Parliament, Minister for Health Jack Snelling said of these, “[f]our remove duplications and obsolete provisions, five improve clarity enhancing understanding of and compliance with the Act, seventeen change definitions and language, and thirty seven enhance rights and reinforce clinical best practice.”
Key Provisions
One key change made under the new amending Act will allow a medical practitioner or mental health service providers to request assistance from emergency services to provide medication to patients subject to a Community Treatment Order in their own home. Under the current procedure, the person must be taken to hospital for their medication. In his second reading speech, Mr Snelling said the amendment “will lessen impact and inconvenience for patients and their families and allow services to be delivered more effectively, and will align with the least restrictive principles of the Act and clinical best practice”.
Additionally, changes have been made to the Community Visitor Scheme provisions contained in Part 8 Division 2 of the Principal Act. Under the Principal Act, “Community Visitors” have a number of powers to conduct visits and inspections to treatment facilities and to act as patient advocates. Amendments contained in the new Act will extend these powers to apply to authorised community health facilities and intermediate health facilities.
The amending Act will commence on proclamation, although it has a default commencement date of 14 July 2018.
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Sources:
Mental Health (Review) Amendment Act 2016 (SA) - Bill, Explanatory Memorandum and Second Reading Speech - available from TimeBase's LawOne Service
