Page 2031 - Week 07 - Thursday, 17 June 1993
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recommendations just willy-nilly, saying, "You should do this and you should do this", without any consideration of financial constraint. Perhaps that is part of the reason why the Government, in responding, is able to take positive account of so many of the committee's recommendations. I think that the approach taken by the Minister, first of all to carry out the study and then to follow that with the other actions, is the logical and rational way. It pleases me greatly to see such a positive response from the Government.
Question resolved in the affirmative.
MENTAL WELFARE LEGISLATION
Exposure Draft
MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (3.09): Madam Speaker, for the information of members, I present an exposure draft of mental welfare legislation, and I move:
That the Assembly takes note of the paper.
Madam Speaker, the draft Mental Welfare Bill has been prepared as a result of the ACT Government's response to the Balancing Rights report of the ACT Mental Health Review Committee. The Labor Government has a strong commitment to improving the ACT's health services, and, in particular, improving the mental health legislation applicable in the ACT and mental health services. The Bill now before the Assembly demonstrates this Government's commitment to reform mental health legislation. It is released as an exposure draft for community consultation. The Bill is not set in concrete; it is the platform upon which we intend to base further discussions. The Government is indebted, Mr Deputy Speaker, to the ACT Mental Health Review Committee whose Balancing Rights report was the springboard from which this legislation was launched.
The central element of the Mental Welfare Bill is the establishment of a new mental welfare tribunal. My colleague Mr Connolly has been largely responsible for the development of this aspect of the legislation. In addition, Mr Connolly also has been responsible for the Crimes (Amendment) Bill which he will be tabling also as an exposure draft. These two Bills are a comprehensive package of reforms to give effect to the Government's commitment to social justice principles. The Bill will replace the Mental Health Act 1983. Many of the provisions of that Act have been carried over to this Bill. However, there have been some significant modifications to incorporate recommendations of the ACT Mental Health Review Committee.
In its report the Mental Health Review Committee noted in relation to mental health legislation that:
A balance has to be struck between the individual's basic rights and those of his or her family and the community. To the extent that mental health legislation takes away rights, it must enshrine an individual's right to treatment in the least restrictive settings.
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