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Legislative Assembly for the ACT: 1998 Week 10 Hansard (26 November) . . Page.. 3047 ..

MR MOORE (continuing):

community, any law which enables the removal of a person's liberty requires our fullest attention. We have been consulting on proposed amendments to the Act for almost two years. On some issues it has proven difficult to reach a consensus. However, we now have to rule off discussions within government and make some recommendations for changes to the Act.

I wanted to get this legislation into the Assembly at this time to enable consideration and passage of the Bill before the end of the 1998 sittings. The Act will expire early in February 1999, before the Assembly resumes for the budget 1999 sittings. It is therefore our intention to have the Bill debated in the December sittings. However, I want to clearly put on the record that the Government is receptive to changes to what is proposed here. If there are major concerns about the proposed amendments, we are fully prepared to respond to a request from this Assembly for the sunset clause in the Act to be further amended to allow those concerns to be addressed. I must say, Mr Speaker, as an aside, that Mr Wood has indicated that he will probably wish to introduce that sunset clause. As I said, the Government is receptive to that, and hopefully Ms Tucker would like that too.

Ms Carnell: We would have trouble arguing that one, Michael.

MR MOORE: Yes, we would. The Government, in recommending amendments to the Act, has been committed to furthering the principle that any treatment or care for mentally ill or mentally dysfunctional persons must be the least restrictive for their condition. The Government has sought to ensure that the legal process of taking away an individual's rights is based on sound clinical assessment and decision-making. The involuntary detention and treatment of a person must only be allowed where such a detention and treatment can be justified on clinical grounds.

The Bill replaces the current sections in the Mental Health (Treatment and Care) Act which deal with the types of mental health orders and the powers given to custodians under those orders. There will be two mental health orders available under the proposed amendments, a psychiatric treatment order and a community care order. Involuntary orders can only be imposed where a person has a mental illness or mental dysfunction; due to that illness or dysfunction the person is a danger to himself or herself or others; that treatment or care is likely to reduce such danger; and there is no less restrictive treatment or care available.

Only a person with a mental illness will be able to be subject to a psychiatric treatment order. This order, made by the Mental Health Tribunal, will place a person in the custody of a psychiatrist who will be responsible for providing treatment. The psychiatrist must release any person from a psychiatric treatment order as soon as it is determined that such treatment is no longer required.

Where a person does not have a mental illness but is considered to have a mental dysfunction, and the criteria for the imposition of an order are present, the tribunal may make a community care order. A community care order will require a person to receive care which may involve services such as counselling, training, rehabilitation, accommodation and life skills. This may require the development of a service response

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