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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-11-16 Daily Xml
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Suicide Prevention Bill

Second Reading

The Hon. J.A.W. GARDNER (Morialta—Minister for Education) (12:34): I move:

That this bill be now read a second time.

The Marshall Liberal government has a strong commitment to suicide prevention. From opposition, we committed to and in government we delivered the Premier's Council on Suicide Prevention, and the Premier appointed the Premier's Advocate for Suicide Prevention.

A priority of the Mental Health Services Plan 2020-2025 is Towards Zero Suicide. This is a long-term, evidence-informed investment approach across South Australia's local health networks and primary health networks over a four-year period. The bill seeks to establish a sustained approach to suicide prevention through whole-of-community and whole-of-government action to reduce the rate of suicide in South Australia.

This bill is the first of its kind for any jurisdiction in Australia and will set a precedent for how suicide prevention is addressed in Australia. The objects of this bill are to:

reduce the incidence of suicide in the state;

promote best practice suicide prevention policies across the state;

articulate the role of the state in implementing suicide prevention strategies;

provide for training and education in relation to suicide prevention;

provide for the identification of priority population groups and implementing suitable initiatives to prevent suicide within such groups; and

provide a framework to ensure that suicide prevention response is a priority across all levels of government and community.

These objects establish the whole-of-community and whole-of-government framework for suicide prevention and set out the focus of action through the components of the bill.

The bill provides for a Suicide Prevention Council. This will be a statutory body that will take over the role and responsibilities of the Premier's Council on Suicide Prevention, which was primarily established as a ministerial committee. The proposed statutory-based Suicide Prevention Council will have 13 members who, in the opinion of the minister, collectively have the knowledge, skills and lived experience to enable the council to carry out its functions. There is a further requirement that of the 13 members, there will be at least one member who:

has experience of leadership in suicide prevention initiatives or services in a non-government organisation;

has experience in a leadership position and an Aboriginal and Torres Strait Islander;

has experience in a leadership position in a multicultural community;

is a veteran with lived experience of suicide or experience in supporting veterans with this lived experience;

is a member of the LGBTIQ+ community, with lived experience of suicide or has leadership experience in this community;

has lived experience of suicidal behaviour;

is a clinical professional with experience in providing care to people with lived experience of suicide or who may be at risk of suicide;

is a person with experience in suicide prevention commissioning from primary health networks; and

is a researcher with expertise in suicidology or suicide prevention or mental health.

To be clear, they are the skill sets that collectively must be comprised by the council, and at least one member must demonstrate each of those attributes.

For the Aboriginal and Torres Strait Islander and multicultural communities, a member with experience in a leadership position is required. This ensures there is knowledge of and capacity to effectively engage with their respective community's experience of suicide across the state. Whilst having lived experience of suicide is not an explicit requirement for these and some of the other prescribed members, lived experience of suicide will be a consideration when nominations are made.

The bill, following amendment in the other place, now requires one member who must be a first responder with lived experience of suicide or experienced in a leadership position as a first responder. This is an important measure due to the high occupational exposure of first responders to trauma and traumatising events. This inclusion is wholeheartedly supported and welcomed by the government. The minister will still have discretion to appoint two other members to either enhance the council's knowledge, experience and skills as may be needed, for example, of lived experience of other emerging priority groups, issues or expertise.

This membership is complemented by a member of parliament (not being a minister of the Crown) appointed by the minister on the nomination of the Premier and ex officio members, including the Chief Public Health Officer, the Chief Psychiatrist, the Chief Executive of Wellbeing SA, the Commissioner for Aboriginal Engagement, the Commissioner for Children and Young People and the Commissioner for Aboriginal Children and Young People, and a Mental Health Commissioner. This membership provides an opportunity to significantly reflect the interests of priority groups disproportionately affected by suicide or attempted suicide.

The bill sets out the functions and powers of the Suicide Prevention Council, which are primarily to prepare and maintain the State Suicide Prevention Plan and to make recommendations on policies and programs intended to reduce deaths by suicide and attempted suicides, and enhance postvention responses. There are further functions and powers described, including to receive reports from prescribed state authorities in relation to their suicide prevention plans and promote and support the work of suicide prevention networks. The Suicide Prevention Council may establish committees to advise it or carry out functions on its behalf, and will have the power to delegate a function or power to specified persons or a committee.

The bill establishes the State Suicide Prevention Plan and what it must include in the consultation requirements. The State Suicide Prevention Plan is also required to contain a part relating to suicide prevention for Aboriginal and Torres Strait Islander people to reflect the need to address and reduce the rates of suicide and suicide attempts in these communities.

The bill establishes a duty of state authorities, as defined, to have regard to and give effect to the State Suicide Prevention Plan and for certain state authorities to have suicide prevention action plans. What must be included in these plans particularly gives effect to the State Suicide Prevention Plan. Annual reporting is required by the Suicide Prevention Council, state authorities and on the operation of the State Suicide Prevention Plan establishing a high level of accountability, including across government, for reporting on the effectiveness of suicide prevention efforts of the council and state authorities.

The bill also establishes a significant suicide prevention public health measure which enables the minister to make recommendations relating to suicide prevention requiring either specific action, or action of a specified kind, to be taken or stopped to reduce the risk of suicide occurring at a particular place, or places of a particular kind, or amongst particular groups of people and that certain voluntary steps be taken in relation to the packaging, manufacture or sale of controlled lethal means of a particular kind in the state.

Certain consultation requirements apply before declaring something to be a controlled lethal means or make recommendations. While the minister may publish noncompliance with recommendations, there is also a requirement for ensuring procedural fairness and review by the tribunal. The minister, the Chief Public Health Officer or the Chief Psychiatrist may require a state authority to provide a report, or specified persons or bodies to provide information or documents reasonably required, for the performance of functions under the act. A penalty may apply where a person refuses or fails to comply with a notice.

The bill also establishes a requirement to share information between certain persons and bodies for the purpose of the act and establishes the South Australian Suicide Register. In doing so, there are strong confidentiality provisions that ensure the protection of personal information and indicate how information will be made available. The primary aim of a South Australian Suicide Register is to capture all suicides in the state in order to use the data collected as an evidence base for public health action at the population level to prevent further suicides from occurring.

A primary function of the suicide register will be to classify all received notifications of possible suicides to determine that a death was due to suicide which would then be used with other data to inform suicide classifications—for example, likely suicide, potential suicide, unlikely suicide, unlikely to be known, or under investigation. Data will also be captured on a range of elements that are obtainable at the population level that are either known or potential risk factors to a person's likelihood of suicide.

An amendment made in the other place removed reference to suicide attempts in clause 35(1) because this would jeopardise the remit and integrity of the register. Physical health and mental health conditions, including past suicide attempts and other life events and stressors, will be data elements collected in the register. This data will provide a better capacity to analyse suicidality by ensuring high-quality and reliable data. This in turn will ensure an evidence base for population level public health action to prevent further suicides from occurring.

This bill has been subject to extensive consultation. Letters inviting submissions reached more than 576 individuals and organisations, including the Hon. David Coleman MP, Assistant Minister to the Prime Minister for Mental Health and Suicide Prevention; all members of the South Australian parliament; relevant unions; professional associations; government agencies; members of the Premier's Council on Suicide Prevention; the Government Issues Group; suicide prevention networks; members of the lived experience register; chief executive officers; clinical mental health leads of local health networks; and the South Australian Ambulance Service.

It also reached primary health networks; chief executives and chairs of national mental health organisations, including, among others, Suicide Prevention Australia, Beyond Blue, the National Mental Health Commission, Lifeline Australia, and the Black Dog Institute; priority population group community organisations; and South Australian non-government organisations involved in providing mental health services or advocacy. It is possible that paragraph may well answer a question that might come in committee.

Publicity was provided through SA Health media, such as Facebook, and the bill was available for feedback on the South Australian government's YourSAy website, from 22 December 2020 to 17 February 2021, with 218 respondents through the website. There were also 30 participants through webinars and 42 written submissions that were received from a range of national and state non-government organisations, state government agencies, community organisations, professional bodies and community members, especially some people with experience of suicide. Most of the feedback was supportive of the bill, with around 88 per cent of YourSAy respondents and 90.5 per cent of submissions supporting the introduction of legislation.

As a result of this consultation and further advice from others, including the Premier's Council on Suicide Prevention, several changes were made to the bill in response to feedback. They included, amongst others:

adding the Commissioner for Children and Young People and the Commissioner for Aboriginal Children and Young People to the membership of the Suicide Prevention Council;

further detail on the experience collectively required by members of the council;

clarification that the bill does not apply to voluntary assisted dying;

strengthening and adding to the functions of council; and

restructuring the wording on making recommendations relating to suicide prevention, particularly in relation to controlled lethal means.

There was feedback that did not relate to the proposed bill but raised issues such as strategic planning for suicide prevention, service responses when a suicide occurred and availability of services. This information has been made available for inclusion as part of the consultation on the state suicide prevention plan.

While suicide prevention has traditionally occurred without a law, this legislation supports a sustained and effective focus on suicide prevention that is not vulnerable to changes in government priorities. The intent of this bill is to keep this focus so that individuals, families and communities see transparent and accountable action that leads to change in the rate of suicide and suicide attempts.

I would like to take this opportunity to read a statement made by members of the Premier's Council on Suicide Prevention on this bill:

The Suicide Prevention Bill provides a solid foundation for a high level of advocacy by a consultative group of community members from varying expertise, priority population groups at high risk of suicide and lived experience. It provides a mechanism for driving change in planning, policy and programs within a political and governance structure.

This Bill demonstrates a commitment by the government in further advocating for the mental health and wellbeing of all South Australians, that we all have a role to play and a duty to prevent loss of lives by suicide.

The Bill represents a ground-breaking approach to tackling one of our communities most challenging social and health issues. Committing to legislative structures, processes and mechanisms for the ongoing pursuit of reducing suicide is a visionary ambition. It is not only to be welcomed by advocates and those with a personal experience of dealing with suicide but by the wider South Australian Community. It demonstrates a leadership in public policy that is unrivalled across Australia and will show that the South Australian community is at the forefront of taking a progressive stance on suicide prevention that is unrivalled.

It has been a privilege to serve on the Premier's Council on Suicide Prevention making recommendations and providing advice in the drafting of this Bill. It is our hope that all South Australians will be supported by having a consistent approach and legislative structure which explicitly aims to reduce the incidence of suicide in South Australia.

So ends their statement. I commend the bill to the house.

Mr PICTON (Kaurna) (12:47): I rise to speak in relation to the Suicide Prevention Bill 2021, the government's version. I note that this is the second bill that has been presented to this parliament, and I believe the second bill in Australia in relation to suicide prevention. The first such bill was the one I presented to this parliament, which is still sitting on our Notice Paper and has not progressed, unfortunately. The government, obviously for their own reasons, preferred to introduce another version, which has now passed the other place, and they prefer to deal with that and that is fine. This is something that should have bipartisan support.

What is very clear is that this bill is not here because of me, and this bill is not here because of the member for Morialta, or the Minister for Health Stephen Wade. This bill is here because of the tireless work of the President of the Legislative Council, John Dawkins. I think we need to, firstly, acknowledge his work over many years that has brought us to this place now where we will, hopefully today, be passing this landmark legislation and which, even if it helps to save one life in South Australia, will be a huge difference to the South Australian community.

This is something where I know John has worked for many years, meeting with suicide prevention networks across South Australia, meeting with family members who have lost loved ones tragically and are dealing with the torment of that, and meeting with experts here and around the world on what we can best do to address this. This is something where, under the previous Labor government, we worked constructively with John on his work and made sure that we pursued the need for better suicide prevention policies in this state and the development of the suicide prevention plan.

Upon the current government forming office, John became the Premier's Advocate for Suicide Prevention and did the work to draft this legislation, which first I and now the government are presenting to this parliament. It is a huge testament to his work that this will be done, and I am very glad that this will now pass the parliament before the end of his term, before the March election.

Unfortunately, he is no longer the suicide prevention advocate for the Premier. I think we all know what happened, unfortunately, last year: when he was elected to the presidency of the other place, the Premier removed his role as the suicide prevention advocate. I think that that was deeply unfortunate because I think that John had worked with all sides, with all communities in the state, and done a huge amount of travel, helping to build up suicide prevention networks. I think it was particularly unfortunate that the politics of that situation became involved.

In fact, it happened on World Suicide Prevention Day that he was removed from his role as the Premier's advocate, and in fact it was also the day that he was presented with an award from Suicide Prevention Australia that was actually presented by the federal health minister, Greg Hunt, marking his long contribution to suicide prevention in Australia. You look back on all the unfortunate days that this government has had; that was one of the most unfortunate, where you see something like that happen in such an important area.

However, it was then that the now Speaker was appointed as the suicide prevention advocate by the Premier, who did great work then following in the footsteps of John, working with communities across South Australia, helping to put the final finishing touches on this legislation that had been largely done when John was in that role.

Then it was another unfortunate moment when, upon the current Speaker rising to that role, he was again removed from the suicide prevention advocacy role. I think that the Premier has given some answers to this parliament about that, where I think he incorrectly said that this was somehow to do with taking the Speakership.

However, what has actually been reported—and I welcome the government correcting this if this is wrong—is very different from what the Premier said in this house: that the actual notification to the member for Kavel removing him as the Premier's Advocate for Suicide Prevention happened the day before there was any discussion or nomination for the Speakership, on the basis of his decision to leave the Liberal Party. That was very clearly very incorrect, what the Premier told this house, and it was also, if those reports are to believed—and I welcome any—

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir: I just ask you to instruct the member to come back to the substance of the debate.

The ACTING SPEAKER (Mr Cowdrey): Yes, I do direct the member for Kaurna back to the content of the bill itself, and if he can narrow his discussion to the bill and not to ancillary matters.

Mr PICTON: Thank you. Well, I am not going to change my comments at all because I was speaking directly in relation to the legislation. This legislation does set up that suicide prevention framework in which the Premier's advocate is a key role. What we saw was that the member for Kavel was removed from that role by the Premier.

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order, sir: I raised a point of order, you supported the point of order, you gave the member a very clear direction and the member very clearly said to you face to face that he rejects your direction. Mr Acting Speaker, I think that is entirely unparliamentary, out of order and unacceptable.

Mr PICTON: Point of order on the point of order: I do not see how it is not relevant to this debate for me to talk about the suicide prevention advocate. Very clearly, the rulings of Speakers in the past have been very broad in terms of second reading debates. I recall a corrections bill where the member for Finniss talked about dairy properties at length and that was ruled to be in order.

The ACTING SPEAKER (Mr Cowdrey): Member for Kaurna, I will draw your attention to the difference that, while the bill does establish the Premier's advocate, it does not retrospectively look at machinations or otherwise of previous representatives in that role. I did provide a ruling that the discussion the member for Kaurna was entertaining was not in line with standing orders. I will ask you again if you can return to your comments but direct them to the substance of the bill.

Mr PICTON: The substance of the bill is in relation to—

The ACTING SPEAKER (Mr Cowdrey): Member for Kaurna, I have made a ruling on advice from the Clerk. This is not a discussion of whether my ruling was correct or not.

Mr PICTON: I am allowed to speak now, am I? Excellent. This bill is in relation to the suicide prevention role and a key part of that is the suicide prevention advocate. I think a key part of looking at that is: what is in place at the moment in terms of the suicide prevention framework? We now have a situation as of today in which the Premier's advocate for suicide prevention is in fact the Premier himself.

In an answer to debate in this house, after the member for Kavel was removed from that role, the Premier was asked, I believe, by the member for Florey: who is now the Premier's suicide prevention advocate now that the member for Kavel has been removed from that role? The Premier's answer was that, given the timing in the lead-up to the election, he has now decided that he is going to appoint himself as the Premier's Advocate for Suicide Prevention.

I think that is unfortunate because, while this has not been a role that has been long held or long established in South Australian history, when you look at the role John Dawkins played and then the member for Kavel played before he was removed, they were providing excellent service to the public, and for there now to be a situation where the Premier is the Premier's Advocate for Suicide Prevention, on top of all the other roles that the Premier has, I think is—

The Hon. D.C. VAN HOLST PELLEKAAN: Point of order.

The ACTING SPEAKER (Mr Cowdrey): Member for Kaurna, can you please be seated.

The Hon. D.C. VAN HOLST PELLEKAAN: For the third time the member is directly contravening your ruling. You have asked him to talk about the substance of the bill, not the things that he is actually talking about.

The ACTING SPEAKER (Mr Cowdrey): Minister, the member for Kaurna has moved on in terms of his reference to the Premier's advocate. He is now referring to what is in place currently. That is within the realm of the debate, so I am happy for the member for Kaurna to continue.

Mr PICTON: Thank you. It is a bit of sensitivity on behalf of the member, I believe. The member for Florey did ask the Premier on the—

The ACTING SPEAKER (Mr Cowdrey): Member for Kaurna—

Mr PICTON: —last sitting day—

The ACTING SPEAKER (Mr Cowdrey): Member for Kaurna, that comment was not necessary.

Mr PICTON: —who would become the next Premier's Advocate for Suicide Prevention, to which the Premier replied, 'In this instance, because we are so close to the election I have decided to assume that role myself.' So now the Premier is the Premier's advocate and there is no longer an independent person providing that role. Of course, the Premier has a vast array of responsibilities, or normally does when they are not all delegated to the Transition Committee, so how much time the Premier himself would be able to provide as the Premier's advocate I think is questionable.

I think it was unfortunate that this legislation took so long to be presented to the parliament when we do know that it was with the government for a very long time. I seek leave to continue my remarks.

Leave granted; debate adjourned.

Sitting suspended from 12:59 to 14:00.

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