New WA Mental Health Legislation Introduced

By Petrina Smith
Thursday, 24 October, 2013


Western Australia Mental Health Minister Helen Morton has described new mental health legislation as an historic step in strengthening the rights and protection of some of the state's most vulnerable people.
Mrs Morton said the introduction of the Mental Health Bill into State Parliament would also ensure greater family and carer involvement with the treatment and care of loved ones.
“Modern mental health care is about the individual as part of a wider social network, with family, friends and carers providing important support for those experiencing mental illness. That is why I am proud to introduce this Mental Health Bill and the vital changes it will make to the lives of families, carers and individuals experiencing mental health issues,” she said.
“This Bill will ensure they are kept informed and give them a greater say in treatment, support and discharge planning.”
The proposed legislation includes input from more than 1,300 people in the community and the sector. In reflection of this, the Bill also provides new levels of rights protection for people who are seriously ill, providing enhanced processes and safeguards around involuntary treatment.
It will halve regular review periods for adult involuntary patients, which will now occur every three months, while child involuntary patients will be reviewed at monthly intervals.
Stricter controls regarding the use of the life-saving treatment Electroconvulsive Therapy (ECT) will be introduced as part of the Bill including banning its use on children under 14 years of age. The current legislation does not place any lower age limits at which a child can receive ECT.
Responding to community feedback, the Minister said it was absolutely clear that sterilisation was not a treatment for mental illness within the Bill.
Mrs Morton said it was important that for the first time, the Bill paved the way for traditional healers and elders to be involved in the treatment of Aboriginal and Torres Strait Islander people experiencing mental illness.
“[this legislation] is a huge step forward for WA’s mental health sector and at this time it is important to acknowledge the outstanding contribution and dedication of the State’s mental health sector workforce, spanning public, private and community organisations,” she said.
Clinicians will be closely involved in planning the implementation of the proposed new legislation. An important component of this will be the distribution of comprehensive and accessible education materials to assist all stakeholders in understanding, implementing and upholding the requirements of the Bill.
It is expected that the changes set out in the Bill will begin approximately one year after it is passed by Parliament.


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