Page 1722 - Week 06 - Thursday, 30 July 2020

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video

and the rights that flow from inclusion on the register. These rights are consistent with the rights of victims of crime in a criminal pathway. Amendments to the definition of forensic patient expand the affected persons scheme to ensure that an affected person’s rights are not negatively impacted if the perpetrator of a crime follows a mental health pathway rather than a criminal justice pathway.

This bill also seeks to introduce a power for the Chief Psychiatrist to make guidelines on a broad range of matters under the act for which people are exercising a function. The power will enable the Chief Psychiatrist to be responsive to new and evolving issues in the mental health system and will ensure best practice and consistency across the mental health system when engaging the act.

The Chief Psychiatrist will be responsible for ensuring that the guidelines are consistent with the principles and objects of the act, as well as human rights. It is important to note that, when a proposed guideline would impact upon the operation of the police or ambulance service, the Chief Psychiatrist is obliged to consult with the relevant organisations.

The bill includes a new provision for the review of mental health orders, similar to section 271 of the Act when it was first enacted, within five years on enactment. The requirement for a further review of the orders provisions is appropriate, given the right to liberty and freedom of consent affected by the making of involuntary orders. The amendments also include a provision for the review of the new sections adopted by this bill to be undertaken within five years of commencement of the section, and a report of the review is required to be presented in the Legislative Assembly.

The bill is responsive to issues raised during the reviews of the act and the individual submissions received during consultation. The government has carefully considered these amendments and the human rights implications of the bill. This consideration is further detailed in the explanatory statement, as the Assembly would expect. I commend the bill to the Assembly.

Debate (on motion by Mrs Dunne) adjourned to the next sitting.

Justice and Community Safety—Standing Committee

Scrutiny report 47

MRS JONES (Murrumbidgee) (11.34): I present the following report:

Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—Scrutiny Report 47, dated 28 July 2020, together with a copy of the extracts of the relevant minutes of proceedings.

I seek leave to make a brief statement.

Leave granted.

MRS JONES: Scrutiny report No 47 contains the committee’s comments on 76 pieces of subordinate legislation and comments on fees instruments. The report

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video