Page 3222 - Week 11 - Thursday, 12 September 1991
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order is sought under the Mental Health Act 1983. The community advocate will also assist in matters affecting forensic patients. Responsibility for a broader function of mental health advocacy will be considered by the Government in the context of its response to the report Balancing Rights.
Mr Speaker, the ability to intervene in the case of forensic patients will be particularly welcomed by people who noted the use of the need to obtain a habeas corpus application for a patient presently held in the New South Wales prison system under Governor-General's pleasure. That was clearly a blunt instrument for use to get a matter back before the courts.
There is an acknowledged overlap between guardianship and mental health advocacy. For example, a person who is involuntarily detained as a mental health patient may still require the services of the community advocate for guardianship and property matters. For this reason it is useful to include the limited function in this legislation while the broader implications and complexities of mental health advocacy are being assessed.
One important feature included in the Bill is the recognition that the community advocate must be a responsible but fearless advocate for those whom he or she represents. The community advocate must be free to speak out, when necessary, to protect the basic rights of persons who are unable to effectively protect themselves. There are, of course, necessary safeguards and restrictions that the community advocate must observe in speaking out. However, the vigilance expected of a person in such a position means that we must allow the community advocate the freedom to constructively criticise any agency or person. This role is analogous to that of the ombudsman.
Mr Speaker, I am confident that this initiative will be watched with interest by other jurisdictions. It is to the credit of this community that it can bring forward such a response to address the needs of the most vulnerable sectors in our community. I present the explanatory memorandum to the Bill.
Debate (on motion by Mr Collaery) adjourned.
CHILDREN'S SERVICES (AMENDMENT) BILL (NO. 2) 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.55): Mr Speaker, I present the Children's Services (Amendment) Bill (No. 2) 1991. I move:
That this Bill be agreed to in principle.
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