Legislative Assembly for the ACT: 2013 Week 7 Hansard (14 May) . . Page.. 1915..
mental health order, would enable increased oversight of treatment by providing a review by the ACT Civil and Administrative Tribunal, which decides all treatment orders under the act, if consideration is being given to moving the person's care from hospital to the community or discharging the person from care. Forensic mental health orders match the specialist mental health orders available for this group in other Australian jurisdictions.
Under the revised act, people affected by a serious offence when a person is found not guilty or not fit to plead due to their mental impairment would have similar rights to information to those a victim has when a person is convicted under the Crimes Act. This information includes whether a person has been placed on or taken off a treatment order and whether there are restrictions on where the offender can live or restrictions on whom they may approach. The affected person would also have the right to speak or be represented at a hearing where the treatment order is being considered.
Following the recommendation of the report of the inquiry into the operation of Bimberi Youth Justice Centre by the ACT Human Rights Commission in 2011, in cases where care is being shared between Child and Family Services and Health staff, or Corrections and Health staff, an information sharing agreement and protocol would be developed. This would mean that essential information about a person's state of mind that is vital to their safe and effective care could be shared appropriately between services. This provision would carefully balance the person's need for privacy with safety considerations when the person is considered to be at risk.
The second exposure draft includes the provision for working with carers. Several changes are included in the exposure draft to clarify the role of assessment of decision-making capacity, including a definition in the act of what constitutes capacity. Search powers for apprehending officers, who may be police, ambulance officers, a mental health officer appointed under the act or a doctor are set out. These are limited to circumstances where there is reason for concern that a person may be concealing something to harm themselves or another person or to aid their escape, and are limited to a search of external garments.
Madam Speaker, I commend the second exposure draft of proposed amendments to the ACT Mental Health Act to the Assembly. I welcome comments from members on these important changes to the legal framework for mental health services in the ACT.
Financial Management Act—consolidated financial report
Paper and statement by minister
MR BARR (Molonglo—Deputy Chief Minister, Treasurer, Minister for Economic Development, Minister for Sport and Recreation, Minister for Tourism and Events and Minister for Community Services): For the information of members, I present the following paper:
Financial Management Act, pursuant to section 26—Consolidated Financial Report—Financial quarter ending 31 March 2013.