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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-12-01 Daily Xml
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Bills

Suicide Prevention Bill

Committee Stage

In committee.

(Continued from 16 November 2021.)

Clause 1.

Mr PICTON: I am wondering whether the minister can provide an update on the current status of the Premier's Advocate for Suicide Prevention. We understand that the Premier has informed the house that the Premier is now the Premier's Advocate for Suicide Prevention. What does that mean in terms of the work that was being undertaken by the Premier's Advocate for Suicide Prevention, and what is the current staffing and resource allocation towards the role of the Premier's Advocate for Suicide Prevention?

The Hon. J.A.W. GARDNER: I thank the member for the question. The Premier is undertaking that role himself for the period certainly through to the election. In regard to staffing, there have been no changes to those arrangements. At the last meeting, I think the Premier was there in person. I believe it is his intention to be there at the next meeting as well. I am not sure how many further meetings there are going to be between then and the election, but certainly I am aware that the Premier will be at the next one. That is a body of work that he is committed to supporting personally and using his status as the Premier to elevate in the period certainly through to the election. We are looking forward to the passage of this bill and being able to assist in the continuing work the government is doing.

Mr PICTON: The house, I believe, through the estimates process, has previously been informed that one ministerial staff member of the Minister for Health and Wellbeing has been allocated to work for the Premier's Advocate for Suicide Prevention. Is it still the case that that allocation has been made? If not, has that staff member returned to provide just advice for the Minister for Health and Wellbeing?

Likewise, there was I believe at least one FTE made available from either the Department for Health and Wellbeing or Wellbeing SA that was attached to the Office of the Premier's Advocate for Suicide Prevention. Is that departmental officer still providing services supporting the Premier's Advocate for Suicide Prevention or has that role now returned to either the department or Wellbeing SA?

The Hon. J.A.W. GARDNER: I just want to clarify that I think the member identified two positions—I was just trying to hear the member clearly. As I understand it, those positions are still attached to this role, still attached to the work that they have been doing. There have not been changes to that.

Mr PICTON: So has that ministerial staff member who was working for Mr Wade but attached to this role now actually moved to the Premier's office to advise the Premier in relation to these matters?

The Hon. J.A.W. GARDNER: To be clear, all ministerial staff work for the Premier at any rate. The one who was attached to this role continues to be attached to this role. I am happy to make inquiries in relation to the physical location but, as I understand it, nothing has changed from the way it was operating previously.

The Hon. S.C. MULLIGHAN: I have one question for the minister. Each of the previous Premier's advocates in this role has ended up defecting from the Liberal Party. Is it your expectation, minister, that the Premier will also defect from the Liberal Party?

The Hon. J.A.W. GARDNER: I think that question is a disappointing use of the house's time, and I am going to focus my answers on questions that are relevant to the bill that we are debating.

Clause passed.

Clauses 2 to 8 passed.

Clause 9.

Mr PICTON: I will ask just a couple of questions generally in terms of the Suicide Prevention Council. Can the minister outline how often the Suicide Prevention Council meets and, perhaps on notice, can he provide details in terms of the meeting dates for the past year?

The Hon. J.A.W. GARDNER: The question relates to the current Suicide Prevention Council and the clause we are debating relates to the establishment in legislation of a suicide prevention council. I will take it on notice and determine what is available and bring back a response to the house.

Mr PICTON: What is the total allocated budget for the work of the Suicide Prevention Council?

The Hon. J.A.W. GARDNER: I will take that question on notice and bring back an answer for the member.

Mr PICTON: Why, from my reading of this—and I am happy to be corrected if I have read this incorrectly—is there only one person with lived experience who, as a representative, has to be included on the council? Was there consideration of additional people with lived experience who would be representatives on the council or not?

The Hon. J.A.W. GARDNER: I thank the member for the question. Indeed, there are some outlines of some people in the clause who have lived experience and, indeed, leadership of suicide prevention initiatives or services in an NGO: one person with the lived experience of suicide or experience supporting veterans, first responders, LGBTIQ.

In relation to the consultation, my understanding is that not only was it broadly understood—and it is certainly the government's position that you would expect there would be more than one person with lived experience or certainly with connections in this area—but it described largely the other specific areas that people wanted articulated.

Up to 13 members are to be appointed by the minister who, in the opinion of the minister, collectively have the necessary knowledge, skills and lived experience of suicide to enable the Suicide Prevention Council to effectively carry out its functions under this act—and then the specific delineations. From my reading of that, it is clear that while there are specific identifications that at least one person must fulfil certain criteria, to have those 13 people able to collectively have those experiences will enable the council to fulfil its functions. It would be for the course that there will indeed be more than that one person to fulfil that role, and the legislation has been drafted in a way that provides some flexibility and some specific requirements.

Clause passed.

Clauses 10 to 15 passed.

Clause 16.

Mr PICTON: As the minister may be aware, or certainly his advisers are aware, as well as the current Suicide Prevention Council there is also an issues group in relation to suicide prevention that includes senior representatives of government departments. This was raised in the other place, and I understand that the Hon. John Dawkins, who, as I have noted in this debate, is really the pioneer of this legislation being brought to the house, has certainly shown his keenness that that issues group also be legislated.

The government have obviously formed the opinion that that should not be the case. Can the minister assure the house that there will be a decision made that that issues group will be a committee under this clause 16 and, if so, that it will contain the same membership as is currently the case for the issues group?

The Hon. J.A.W. GARDNER: I thank the member for the question and acknowledge the work of the people who have been participating or who have been members variously over the course of the last three to four years on that issues group. That issues group currently is obviously formed without legislation. This clause provides a framework within which the Suicide Prevention Council can establish a committee such as the issues group.

We believe that it is very likely that the issues group in its current form will be reconstituted in a very similar form as allowed under this clause. Of course, this clause establishes that the council itself will determine those members, but my advice from the Chief Psychiatrist is certainly that we anticipate a very similar group of people, if not exactly the same. It may well be exactly the same, but obviously a number of those roles are filled by people whose jobs change over time. You do not expect any committee to be static in its membership exactly into perpetuity.

This clause also presents the flexibility for the Suicide Prevention Council to make further appointments in the years ahead. Our expectation is that that issues group, as described by the member, by the Hon. John Dawkins, by the Premier, and by all those people in government and in the community who have supported that issues group, will continue, and this clause provides a legislative framework for it to do so.

Clause passed.

Clause 17 passed.

Clause 18.

Mr PICTON: I have already asked the minister in terms of the staffing issues but, in relation to clause 18(2), I am wondering if the minister can outline what the nature and effect of that clause is in terms of arrangements established administering an administrative unit of the Public Service to make use of staff, equipment or facilities of that administrative unit? Practically, what is that going to mean?

The Hon. J.A.W. GARDNER: Effectively, I think this makes clear, if clarity is needed, that the work of the Suicide Prevention Council at the moment is supported by Wellbeing SA's suicide prevention team in undertaking its work. This clause empowers the council to have an arrangement of that nature continue. I understand that a general clause of this nature is in place for most statutory bodies, according to the note I have just been passed by officers who would know. Effectively, it enables Wellbeing SA to provide support to the council established in legislation as it did to the council when it was set up administratively under the current arrangements.

Clause passed.

Clause 19 passed.

Clause 20.

Mr PICTON: This is in relation to the state Suicide Prevention Plan. Obviously, the current plan that is in operation in South Australia is the South Australian Suicide Prevention Plan 2017-2021, so this is the final year of operation of that plan that was established under the previous government. I am wondering if the minister can give an update on the development of the new plan, which presumably will start from next year in 30-odd days' time, and what is the likely timing in which that new suicide prevention plan will be completed and released?

The Hon. J.A.W. GARDNER: I thank the member for the question. Wellbeing SA have been doing work on this. They have undertaken consultations. They have developed a draft. I believe the current Suicide Prevention Council is giving the matter its consideration. So in relation to the timing, I do not have a date for the member but obviously that work is getting close.

Mr PICTON: Under this provision, does the state Suicide Prevention Plan require approval by the cabinet, or will the Suicide Prevention Council be able to establish that independently, or is this something that could be changed or edited by the government of the day via the cabinet?

The Hon. J.A.W. GARDNER: Obviously the clause makes it clear that it is to be approved by the minister. Having been prepared by the Suicide Prevention Council, I am advised that it would likely go to cabinet for noting. In terms of variations, the clause talks about variations. It can be varied by the Suicide Prevention Council itself—again, with the approval of the minister. I think that is reasonably straightforward.

Mr PICTON: In relation to if there is an issue between the minister and the Suicide Prevention Plan, would the Suicide Prevention Council's version of such a plan be released before it has been approved by the minister?

The Hon. J.A.W. GARDNER: To be clear, I was trying to get a great deal of clarity on the previous question. Can the member please do me a favour and articulate again the most recent question. I will try to give a firm answer to both.

Mr PICTON: Essentially, the question is: the Suicide Prevention Council will do their work; will that be released, or is it only released once it has the approval of the minister? If there are changes made because the minister has intervened, the public would not know, or will it be transparent that there will be changes?

The Hon. J.A.W. GARDNER: My understanding is that it would be in the order of the way these reports have happened previously—indeed, the 2017 to 2021 plan the member identified before. The officer with me was not in the role he now holds at the time, but my presumption is that cabinet or the minister considered that and then released it to the public. The difference here is that the preparation is being done by the Suicide Prevention Council, and it is their work that is to be approved by the minister, presumably noted by cabinet, and then released to the public as well.

Clause passed.

Clauses 21 to 34 passed.

Clause 35.

Mr PICTON: This section deals with the establishment of the South Australian Suicide Register. What is the total budget allocated for the establishment of the Suicide Register, and what is the total ongoing budget for the maintenance of the register?

The Hon. J.A.W. GARDNER: I will have to take that on notice and seek to bring back an answer for the member.

Mr PICTON: By when will the Suicide Register be established?

The Hon. J.A.W. GARDNER: In relation to an earlier question—I will just quickly deal with this and then come back to the question the member has just asked—I do not think it is a significant change from the description the member made or my answer but, for clarity, I am advised that the staff that support the council are a combination of one Wellbeing SA staff member and a ministerial adviser—sorry, that was the question asked.

The answer is that the council is supported by the staff within the Premier's Advocate for Suicide Prevention office. If that does not provide any greater clarity, the member can ask again and we will follow up and get greater detail later. In relation to the establishment of the suicide prevention register, I have been advised by Wellbeing SA that that is very close to being ready. Without wanting to presume the outcome of the debate today, hopefully we will be cracking to go within the next month or two.

Mr PICTON: Firstly, in relation to the previous issue that the minister has highlighted, it was a little bit confusing, but what I am taking from it is that the Premier's Advocate has one ministerial staff member and one Wellbeing SA staff member and that they are the staff who support the council as well as supporting the Premier's Advocate.

The Hon. J.A.W. GARDNER: There is a lot of nodding going on, so I am going to assume that is all accurate.

Mr PICTON: In relation to the register, there was an issue. I believe I spoke about it in my second reading contribution. It is some time ago now, so it is hard to remember. Originally in this bill, there was going to be data in relation to suicide attempts that would be included in the register. The minister in the other place sought to remove information in relation to attempts. That would no longer be included in the register. I certainly had a briefing from the Chief Psychiatrist and Dr D'Onise from Wellbeing SA outlining the reason why, at this stage, attempts could not be included in the legislation, which I guess we reluctantly accept is not possible at this stage.

However, there was discussion that at some stage in the future there would be the potential that that could be included. If it is the case that down the track there is a definition that is sufficient that can be made, can that be included under the legislation that we have before us, either by way of the legislation or by way of a regulation that could be included under it, or would that require coming back to the parliament to change the legislation in relation to the register to enable attempts to then be included?

The Hon. J.A.W. GARDNER: I am advised that the proposed register for attempted suicides—I think are the words of the member—could be done by regulation at a later stage.

Clause passed.

Clause 36.

Mr PICTON: What will be the manner in which the suicide register is reported? I am aware that in other states there is, I believe, monthly, if not quarterly reporting that takes place. Particularly given that the minister has outlined that this is only a month or so away from being up and running, is there going to be regular reporting from the details of how the register will operate and, if so, how will those reports be released? Will they be public, will they be on a website, will they be monthly, quarterly or annually? How will that information be dispersed?

The Hon. J.A.W. GARDNER: I thank the member for the question. I understand that the final decision in relation to the timing has not necessarily been made at this time, and there is work being done with the national partner on that. I also should clarify that I am pretty sure that I used the words ‘the next month or two'. I would not want to impose an artificial deadline that may or may not be able to be met.

I am advised that there will be at least annual reporting on general information from the register, but both in relation to the decision about timing and the manner of its presentation, one of the primary objectives is of course to ensure that it is in a manner that prevents identification of individuals.

Mr PICTON: I do not have any more questions but, just on indulgence while you are in the chair, sir, it has been my pleasure over the past almost four years to do many, many bills in committee with you, sir. I congratulate you on your retirement and certainly the even-handed way in which you have conducted your work as the Chair of Committees. I hope you have a very peaceful retirement. We will certainly miss you and you are a great loss to this house.

The CHAIR: You are very kind. Thank you, member for Kaurna.

The Hon. J.A.W. GARDNER: Sir, I did not get to do this yesterday when many, many others did, but over the last 11½ years I have cherished your friendship and working with you. I agree with what I have observed in the committee stage with what the member for Kaurna just said and so many other people said yesterday. I do not think there is a member in this house who has indicated their retirement who has had so overwhelmingly expressions of how much people will miss them. I am just so pleased to count you as a friend of mine.

In the years ahead, both your family will enjoy your company and your community will see you still involved in that community, and I am absolutely certain that you are going to keep contributing wonderful things to the state of South Australia, particularly Eyre Peninsula and your home—I was going to say your home town—but all of the areas that are your home. I am really pleased to commend the committee stage to the next bit.

The CHAIR: Thank you, member for Morialta, you are very kind and I appreciate the comments from you both. Of course, the member for Morialta and I came in at the same time, so we have shared all of our days in here at the same time.

Clause passed.

Remaining clauses (37 to 44) and title passed.

Bill reported without amendment.

Third Reading

The Hon. J.A.W. GARDNER (Morialta—Minister for Education) (16:52): I move:

That this bill be now read a third time.

In moving that this bill be now read a third time, I would like to make a brief contribution on that third reading. I was intending to say some of these things at the end of the second reading debate but in the house's—and I am grateful to the house for doing so—will to move things along as quickly as we possibly could last week, I missed out on that opportunity.

Both on my own behalf and the behalf of the Minister for Health, I wish to thank the members who have spoken on and supported this bill. Indeed, it is a major milestone in the history of the parliament by establishing the first ever legislation to prevent suicide in South Australia and, indeed, the first legislation of this type in Australia.

The legislation will dramatically change the reach of suicide prevention action across the state by establishing a whole-of-government and whole-of-community approach. It will establish a systems approach that will help and enable us to drive down the rate of suicide by effective prevention as well as provide improved support and care for people with lived experience of suicide, including their families and friends.

The immediate next steps, with the passage of this important legislation, will be to establish the Suicide Prevention Council, legislated in its now form; the development of the next state Suicide Prevention Plan; and to establish any regulations that may be required. I am sure that we are all looking forward to this legislation commencing as soon as possible.

I would like to thank all those people who provided a response during the consultation phase on the bill and their strong support for this legislation. Many people with lived experience of suicide spoke openly about their experiences and supported this legislation, seeing it as a much-needed measure to improve the prevention of suicide and the responses of our service agencies following the suicide of a loved one.

I note and recognise and appreciate the work of the former advocates, the Hon. John Dawkins and the Hon. Dan Cregan, for their work in this area, and I know certainly the Premier is very appreciative of his own role now in pursuing the work on a more personal front. The development of this legislation has been important and many people have worked towards it. I would like to thank members of the Premier's Council on Suicide Prevention, who have wholeheartedly supported the introduction of the legislation and worked to ensure the best legislation possible, noting that South Australia are trailblazers in this field.

Finally, I would like to thank the officers who have supported the development of the legislation, particularly Ms Kay Anastassiadis of the Office of the Chief Psychiatrist, as well as of course Dr John Brayley, the Chief Psychiatrist, who both provided me with support today with the bill. I would like to thank the shadow minister for health in assisting us with its speedy passage through the committee stage today. I would like to thank Ms Lyn Dean, the Chief Executive of Wellbeing SA; Professor Katina D'Onise, the Executive Director of Prevention and Population Health at Wellbeing SA; the staff of their offices; and indeed the suicide prevention team in Wellbeing SA.

It would be remiss of me not to note that the member for Heysen and I were discussing the recent forum in his electorate, which Justyna Rosa from that team chaired, and the great way that the Wellbeing SA team were able to interact with the stakeholders and the community members who were in attendance on that night and how much those community members appreciated that work. I also thank Mark Herbst, parliamentary counsel, all of the other public servants who have been involved in the debate and all of those who have contributed to the second reading debate prior to today.

The Hon. D.R. CREGAN (Kavel) (16:56): This is a significant moment for this parliament and for our state. Suicide prevention is the business of every member. It is the business of every South Australian. In my first remarks to this place, I mentioned briefly but with no less feeling the suicide of my godbrother. It is a memory I always carry with me and my family always carries with it.

Stigma around deaths by suicide is still a significant and distressing issue in our community. It is also a hard fact that in country communities a death by suicide tears us apart. It is right that, on what may be the penultimate day of this parliament, we are seeing through this significant change and that as a parliament we are coming together to ensure that this legislation passes.

In making remarks about my godbrother in the first remarks that I made in this place, I brought a prayer for change. It must be the case that we can do better as a community, that we can encourage everybody to find their place in this world, that we can see worth in every human being, and it must be that we continue to signal to our community that those in deep distress will—will—be able to obtain significant support at the time they need it and not at some other time and not too late.

I put on record my thanks to the Premier's Council on Suicide Prevention and my thanks to the Premier for establishing that council. I record the deep honour that I felt in serving as the Premier's Advocate for Suicide Prevention, in view particularly but not only because of the death that I mentioned.

I thank, too, all the suicide prevention networks right across this state. Members of those networks are contributing directly from the heart. Too many are contributing because of lived experiences. Those lived experiences are incredibly distressing to hear about and to learn of, but it is important that we carry those experiences in the quietness of our heart, even those of us who have not been touched by suicide, though it is hard because of the frequency of the event in our community not to be. We must also carry in the quietness of our hearts the stories of those when they are brave enough to share those stories with us, particularly if they come from suicide prevention councils.

Finally, I acknowledge the work of the minister in the other place and the minister in this place taking carriage of this important legislation. I also place on the record my sincere gratitude to the President of the other place for ensuring that the flame in relation to this issue in both our houses did not die.

Mr PICTON (Kaurna) (17:00): Firstly, can I thank the Speaker (member for Kavel) for his very powerful words. I think that this is a stark reminder that, as well as a policy issue, this is a personal issue for almost every member. Sadly, we know that suicide has touched so many people in our community. All of us represent communities that have been touched, and of course many of us have loved ones who have been lost. We need to do everything we possibly can through our work in this house to make sure that there is not one more.

Sadly, there is a long way to go. This is an important milestone. This is an important change to our laws that sets up this framework. We have been wholeheartedly supporting this legislation and, as noted, we have introduced our own version of it into the parliament. This is something where this will make a difference, but there are a whole range of other things that also need to happen. This framework needs to be followed up by action in a whole range of areas to make sure that people can get the support that they need. Unfortunately, there are many disturbing reports where that is not the case. Particularly, in my role as the shadow health minister, we do find out about some of those.

Today, I would particularly like to thank all those people with lived experience who have advocated so strongly—people who have advocated on behalf of their family members, people who have advocated to make sure that others do not experience what they have experienced. In particular, in this house I think we should absolutely mark this occasion by thanking the Hon. John Dawkins MLC, the President of the Legislative Council, who I will briefly breach standing orders by noting that he is here with us in the chamber today. I thank him for really being a pioneer in terms of pushing this issue for well over a decade in this house. As he retires, this is a fitting moment that this is now going to pass and become a law, and it will now start the next chapter of our work to prevent suicide in South Australia.

I also thank the member for Kavel for his work as the Suicide Prevention Advocate after the Hon. John Dawkins was no longer in that position. I thank the government and all the advisers. We are very hopeful that this will continue to make a difference for this important work in South Australia.

Bill read a third time and passed.

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