Western Australian Mental Health Bill 2011: Draft Bill for Public Comment.
Like us on fb
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
From the Western Australian State Government Website http://www.mentalhealth.wa.gov.au
Mental health legislation
The Government is committed to introducing a new Mental Health Bill into Parliament during its current term.
Current Status
The Mental Health Bill 2011: Draft Bill for Public Comment was launched by the Minister for Mental Health, the Hon Helen Morton MLC on 16 December 2011. Transcript of the Minister's speech at the launch.
To assist people to make informed comment about the proposed changes, the Mental Health Commission ran numerous public consultation forums in Perth and regional WA during February 2012. The consultation period will end at 5.00pm on 9 March and it is anticipated that the final Bill will be introduced in Parliament in mid 2012.
All submissions will be published on our website unless authors specifically request otherwise. In general, organisations, but not individuals will be identified.
The following documents have been prepared to support the consultation process:
- Mental Health Bill 2011: Draft Bill for Public Comment
- Overview of the Mental Health Bill 2011: Draft Bill for Public Comment
- Explanatory guide to the Mental Health Bill 2011: Draft Bill for Public Comment
- Questions and Answers: Draft Mental Health Bill
The Commission wants to ensure that all Western Australians have an opportunity to comment on the Mental Health Bill 2011: Draft Bill for Public Comment.
Here are the ways you can have your say:
- email the Mental Health Commission on contactus@mentalhealth.wa.gov.au
- mail your comments to GPO Box X2299, Perth Business Centre, WA, 6847.
Background
The Mental Health Act 1996 is the current legislation in force in Western Australia. The Act is to provide for the care, treatment, and protection of persons who have mental illnesses, and for related purposes. Download a copy of the Mental Health Act 1996.
A review of the Mental Health Act 1996 by Professor D’Arcy Holman was completed in 2003. The review involved extensive public consultation, including in regional areas of Western Australia. Below are the synthesis of the Holman Review and the then Government’s response to the recommendations:
- Synthesis of the review (PDF)
- Government's Response to the Holman Review Recommendations (PDF)
- List of other papers relating to the Holman Review (for further information)
Drafting of a new Mental Health Bill commenced based on the recommendations of the Holman Review that were accepted by the previous Government. However, developments since the Holman Review was completed have necessitated a re-examination of the Draft Bill. These developments include:
- Australia’s ratification of the United Nations’ Convention on the Rights of Persons with Disabilities
- Major legislative reform in other national and international jurisdictions, which has introduced new approaches to dealing with mental health issues. Most notable is the Mental Health (Care and Treatment) (Scotland) Act 2003, Legislative changes within Western Australia, including the introduction of the Carers Recognition Act 2004 and changes to the Guardianship and Administration Act 1990.
- The appointment of a Minister for Mental Health and the establishment of the Mental Health Commission.
In 2010, the Mental Health Commission convened a small Expert Group to advise on the extent to which the Draft Mental Health Bill reflects best practice in light of these developments (Click here for the membership of the Expert Group). The Expert Group considered latest research on mental health legislation as well as written submissions from key stakeholder groups.
Drafting has been informed by the Henderson Report, which was commissioned to provide advice on a quality assurance framework for mental health in Western Australia.
Resources on Mental Health Legislation
The Mental Health Commission has summarised international trends in mental health legislation. This paper was reviewed and considered by the expert group.
The Expert Group met with Professor Bernadette McSherry of Monash University. Professor McSherry is currently undertaking an extensive project looking at best practice in national and international mental health legislation. The expert group considered a collection of research papers and presentations on mental health laws by Professor McSherry.
Contact the Mental Health Commission for any questions - please insert LEGISLATION in the subject line.
Recent blog posts
- Dad Writes To School About Social Progression And Diversity Within The Community
- A Life Lived In Fear Of Child Protection Industry Is A Life Half Lived
- Créches In North And South Dublin Investigated Following Revelations Of Children Mistreated In Care - Child Protection In Ireland
- Children's Mouths Allegedly Taped Shut At Nova Scotia's school
- Why Christians Should Listen to Critiques of Evangelical Adoption
Comments
Shocked
As an adult who had this happen to me while and because my partner contravened the court orders and then multiple times when DoCS stole my child and put her in foster care, I just want to say. This is not an experience for a dog let alone a human being. Strapped to a bed and injected with drugs against your will (for me cause they stole my child and I complained). I thought each time I was going to die, they are not concerned if you have had an allergic reaction to the drugs they illegally injected into your system and if you died I'm sure they would shrug their shoulders and go "oh well, its her own fault".
If this legislation gets through in WA it will get through all over. What are these narcissists thinking and more so who are they targeting with this submission. I keep blogging that there is something more sinister going on behind our Human Services Departments, and this just proves it.
Please let us know if this legislation gets through, on all the DoCS/Child Protection, various websites. What the hell has happened to our beautiful country? Have I actually died and I am living in hell?
Inhumane treatment
I agree, it is just disgusting. Sorry to hear that you have been a victim of this government abuse.
Join Luke's Army on Facebook
e-mail to the politicians regarding the newly proposed mental he
Thank you for taking the time to write to me regarding the draft Mental Health Bill 2011. The Bill was released as a draft for public comment on 16 December 2011 and represents a significant step in the reform of Western Australia’s mental health system. There have been many community consultation periods during the drafting of the proposed amendments and now that the Draft has been done, the public are again being asked to comment.
The Bill proposes changes that affect consumers, carers, clinicians and the community, which is why we strongly encourage everyone to have their say and welcome your feedback.
Every submission which is made will be read and considered in the process of finalising the draft Bill. As such, I have forwarded your correspondence to the Minister for Mental Health, Helen Morton for her consideration.
If you would like any more information about the Bill, an explanatory guide and set of questions and answers is available from the Mental Health Commission’s website: http://www.mentalhealth.wa.gov.au.
Thank you one again for bringing this matter to my attention.
Yours sincerely
John
John Castrilli
MEMBER FOR BUNBURY
(08) 97 91 3636
www.johncastrilli.com.au
From:tinsel777@gmail.com
Sent: Friday, 9 March 2012 9:49 AM
To: Undisclosed recipients
Subject: Draft for Mental Health Bill 2011
To my elected members
I am writing to register my disapproval on the following proposed bill.
http://www.mentalhealth.wa.gov.au/Libraries/pdf_docs/Discussion_Draft_for_Mental_Health_Bill_2011_v3.sflb.ashx.
I do not know how so called civilised people in the 21st century could think up such a barbaric piece of rubbish! This would have to be one of the darkest bills I have heard of & one in which the Australian people will not tolerate.
Again the government is trying to sneak through laws without the knowledge of the general population, which is not only unconstitutional but tyranny!
However with social networking websites now picking this up, people everywhere are being alerted to this, including radio broadcasts like http://youtu.be/yvv-JUdbCLM.
The people of this nation have had enough of unscrupulous politics from every party & we will vote with our feet in future elections.
Every person who has children or grandchildren will be extremely concerned because we all know how laws are perverted in this country like through the corrupt family court & so called, equally corrupt, child protection services who continue to damage children & their families & kill thousands of our children on a regular basis while the politicians sit back & do nothing.
We have had enough of the blatant lawlessness which you call the government.
Sincerely
T Broad
Bunbury
WA
Join Luke's Army on Facebook
Hi Tina
Hi Tina
You are so good at the stuff, it would be so good to see these issues read the masses in the way Kony has as this issue is no different to what he does, it is all child cruelty disguised as child protection.
I was shocked to read this, I love your work, and hope you keep up the momentum.
Hope you are well.
Kath