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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-05-12 Daily Xml
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MENTAL HEALTH BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. Clause 3, page 6, after line 37—

After definition of community treatment order insert:

community visitor means—

(a) the person appointed to the position of Principal Community Visitor under Part 8 Division 2; or

(b) a person appointed to a position of Community Visitor under Part 8 Division 2;

No. Clause 10, page 12, after line 16—

After subclause (1) insert:

(1a) In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.

No. Clause 16, page 15, after line 19—

After subclause (1) insert:

(1a) In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.

No. Clause 21, page 17, after line 31—

After subclause (1) insert:

(1a) In considering whether there is no less restrictive means than a detention and treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.

No. Clause 25, page 20, after line 25—

After subclause (2) insert:

(2a) In considering whether there is no less restrictive means than a detention and treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.

No. Clause 29, page 23, after line 8—

After subclause (1) insert:

(1a) In considering whether there is no less restrictive means than a detention and treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis or in compliance with a community treatment order.

No. Clause 42, page 29, line 24 [clause 42(8), penalty provision]—

Delete '$20,000' and substitute:

$50,000

No. Clause 43, page 30, line 7 [clause 43(3), penalty provision]—

Delete '$20,000' and substitute:

$50,000

No. Clause 44, page 30, line 16 [clause 44(3)]—

Delete '$20,000' and substitute:

$50,000

No. New heading, page 30, after line 19—

Before clause 45 insert:

Division 1—Patients' rights and protections

No. Clause 47, page 32, lines 6 and 7 [clause 47(2)(d)]—

Delete paragraph (d) and substitute:

(d) a community visitor.

No. Clause 48, page 32, after line 38 [clause 48(3)]—

After paragraph (e) insert:

(ea) a community visitor;

No. Clause 49, page 33, line 7 [clause 49, penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. New heading and clauses, page 33, after line 7—

After clause 49 insert:

Division 2—Community visitor scheme

49A—Community visitors

(1) There will be a position of Principal Community Visitor.

(2) There will be such number of positions of Community Visitor as the Governor considers necessary for the proper performance of the community visitors' functions under this Division.

(3) A person will be appointed to the position of Principal Community Visitor, or a position of Community Visitor, on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, will be eligible for reappointment.

(4) However, a person must not hold a position under this section for more than 2 consecutive terms.

(5) The Governor may remove a person from the position of Principal Community Visitor, or a position of Community Visitor, on the presentation of an address from both Houses of Parliament seeking the person's removal.

(6) The Governor may suspend a person from the position of Principal Community Visitor, or a position of Community Visitor, on the ground of incompetence or misbehaviour and, in that event—

(a) a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and

(b) if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the person's removal has not been presented to the Governor, the person must be restored to the position.

(7) The position of Principal Community Visitor, or a position of Community Visitor, becomes vacant if the person appointed to the position—

(a) dies; or

(b) resigns by written notice given to the Minister; or

(c) completes a term of appointment and is not reappointed; or

(d) is removed from the position by the Governor under subsection (5); or

(e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or

(f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or

(g) becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or

(h) becomes, in the opinion of the Governor, mentally or physically incapable of performing satisfactorily the functions of the position.

(8) The Minister may appoint a person to act in the position of Principal Community Visitor—

(a) during a vacancy in the position; or

(b) when the Principal Community Visitor is absent or unable to perform the functions of the position; or

(c) if the Principal Community Visitor is suspended from the position under subsection (6).

49B—Community visitors' functions

(1) Community visitors have the following functions:

(a) to conduct visits to and inspections of treatment centres as required or authorised under this Division;

(b) to refer matters of concern relating to the organisation or delivery of mental health services in South Australia or the care, treatment or control of patients to the Minister, the Chief Psychiatrist or any other appropriate person or body;

(c) to act as advocates for patients to promote the proper resolution of issues relating to the care, treatment or control of patients, including issues raised by a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act;

(d) any other functions assigned to community visitors by this Act or any other Act.

(2) The Principal Community Visitor has the following additional functions:

(a) to oversee and coordinate the performance of the community visitors' functions;

(b) to advise and assist other community visitors in the performance of their functions, including the reference of matters of concern to the Minister, the Chief Psychiatrist or any other appropriate person or body;

(c) to report to the Minister, as directed by the Minister, about the performance of the community visitors' functions;

(d) any other functions assigned to the Principal Community Visitor by this Act or any other Act.

49C—Visits to and inspection of treatment centres

(1) Each treatment centre must be visited and inspected once a month by 2 or more community visitors.

(2) 2 or more community visitors may visit a treatment centre at any time.

(3) For the purposes of any visit to a treatment centre, at least 1 of the community visitors is to be a medical practitioner or registered psychologist or a former medical practitioner or registered psychologist.

(4) On a visit to a treatment centre under subsection (1), the community visitors must—

(a) so far as practicable, inspect all parts of the centre used for or relevant to the care, treatment or control of patients; and

(b) so far as practicable, make any necessary inquiries about the care, treatment and control of each patient detained or being treated in the centre; and

(c) take any other action required under the regulations.

(5) After any visit to a treatment centre, the community visitors must (unless 1 of them is the Principal Community Visitor) report to the Principal Community Visitor about the visit in accordance with the requirements of the Principal Community Visitor.

(6) A visit may be made with or without previous notice and at any time of the day or night, and be of such length, as the community visitors think appropriate.

(7) A visit may be made at the request of a patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act.

(8) A community visitor will, for the purposes of this Division—

(a) have the authority to conduct inspections of the premises and operations of any hospital that is an incorporated hospital under the Health Care Act 2008; and

(b) be taken to be an inspector under Part 10 of the Health Care Act 2008.

49D—Requests to see community visitors

(1) A patient or a guardian, medical agent, relative, carer or friend of a patient or any person who is providing support to a patient under this Act may make a request to see a community visitor.

(2) If such a request is made to the director of a treatment centre in which the patient is being detained or treated, the director must advise a community visitor of the request within 2 days after receipt of the request.

49E—Reports by Principal Community Visitor

(1) The Principal Community Visitor must, on or before 30 September in every year, forward a report to the Minister on the work of the community visitors during the financial year ending on the preceding 30 June.

(2) The Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.

(3) The Principal Community Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the community visitors' functions.

(4) Subject to subsection (5), the Minister must, within 2 weeks after receiving a special report, have copies of the report laid before both Houses of Parliament.

(5) If the Minister cannot comply with subsection (4) because Parliament is not sitting, the Minister must deliver copies of the report to the President and the Speaker and the President and the Speaker must then—

(a) immediately cause the report to be published; and

(b) lay the report before their respective Houses at the earliest opportunity.

(6) A report will, when published under subsection (5)(a), be taken for the purposes of any other Act or law to be a report of the Parliament published under the authority of the Legislative Council and the House of Assembly.

No. Clause 55, page 37, line 11 [clause 55, penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 74, page 45, after line 33—

After subclause (3) insert:

(4) If a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Board at or before the commencement of the Board's proceedings on the review.

No. Clause 76, page 46, after line 20—

After subclause (2) insert:

(2a) If an appeal under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Board at or before the commencement of the Board's proceedings on the appeal.

No. New clause, page 50, after line 15—

After clause 86 insert:

86A—Annual report by Chief Psychiatrist

(1) The Chief Psychiatrist must, before 30 September in each year, present a report to the Minister containing—

(a) in respect of each level of community treatment order and detention and treatment order—

(i) information about the number and duration of the orders made or in force during the preceding financial year; and

(ii) demographic information about the patients, including information about areas of residence, places of treatment and, in the case of detention and treatment orders, places of detention; and

(b) in respect of the administration of Part 10 (Arrangements between South Australia and other jurisdictions)—

(i) a statement of the number of occasions during the preceding financial year on which powers have been exercised under each of the following provisions:

(A) section 61(1) (South Australian community treatment orders and treatment in other jurisdictions);

(B) section 64 (Making of South Australian community treatment orders when interstate orders apply);

(C) section 65(1) (Transfer from South Australian treatment centres);

(D) section 66 (Transfer to South Australian treatment centres);

(E) section 69(1) (Transport to other jurisdictions when South Australian detention and treatment orders apply);

(F) section 70(2) (Transport to other jurisdictions of persons with apparent mental illness);

(G) section 71(1) or (4) (Transport to other jurisdictions when interstate detention and treatment orders apply);

(H) section 72(1) or (3) (Transport to South Australia when South Australian detention and treatment orders apply);

(I) section 73 (Transport to South Australia of persons with apparent mental illness); and

(ii) information about the circumstances in which the powers were exercised.

(2) The Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.

No. Clause 96, page 52, line 29 [clause 96(1), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 96, page 52, line 39 [clause 96(3), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 96, page 53, line 8 [clause 96(4), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 96, page 53, line 13 [clause 96(5), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 98, page 53, line 24 [clause 98, penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. New clause, page 53, after line 24—

After clause 98 insert:

98A—Harbouring or assisting patient at large

(1) A person who, knowing or being recklessly indifferent as to whether another is a patient at large, harbours the patient or assists the patient to remain at large is guilty of an offence.

Maximum penalty: $25,000 or imprisonment for 2 years.

(2) In this section—

interstate patient at large has the same meaning as in Part 10;

patient at large has the meaning assigned by section 3, and includes an interstate patient at large.

No. Clause 99, page 53, line 30 [clause 99(1), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 100, page 54, line 34 [clause 100(1), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 100, page 54, line 41 [clause 100(3), penalty provision]—

Delete '$10,000' and substitute:

$25,000

No. Clause 103, page 55, lines 40 to 42 [clause 103(2)(a)]—

Delete paragraph (a)

No. New clause, page 56, after line 15—

After clause 103 insert:

104—Review of Act

The Minister must, within 4 years after the commencement of this Act or any provision of this Act—

(a) cause a report to be prepared on the operation of this Act; and

(b) cause a copy of the report to be laid before each House of Parliament.

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