HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Subject Index
House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-08-19 Daily Xml
Contents
Xml

Bills

Mental Health (Community Visitor Scheme) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 30 April 2025.)

Ms PRATT (Frome) (11:01): Mr Speaker, welcome back to us.

The SPEAKER: I just have to remember everyone's electorate names again!

Ms PRATT: F for Frome, Mr Speaker—for a few more months. I rise as the lead spokesperson for the opposition on the Mental Health (Community Visitor Scheme) Amendment Bill.

On 30 April 2025, the Minister for Health and Wellbeing introduced the Mental Health (Community Visitor Scheme) Amendment Bill 2025, aimed at amending the Mental Health Act 2009. This legislative framework is pivotal in governing the treatment, care and rehabilitation of individuals with severe mental illnesses, with a strong emphasis on recovery and the protection of patient rights. A significant element of this framework is the Community Visitor Scheme, which has been under review following a statutory examination by the South Australian Law Reform Institute (SALRI) in April 2023.

As part of the consultation process, we know that this review was prompted by statewide public consultations and critical incidents, leading to a supplementary consultation phase from December 2024 to February 2025. While comprehensive amendments to the Mental Health Act 2009 are anticipated at some point, the current bill specifically targets sections 50 and 51, which relate to the Community Visitor Scheme. The requirement for these amendments has been underscored by the South Australian Public Advocate, Anne Gale, who has advocated for expedited—and I underline that word for a reason—expedited legislative action to support the work of volunteer visitors in residential and outpatient treatment settings.

In lifting my head, I notice some special guests in the chamber this morning, and I would join the minister, in his second reading speech three months ago, in thanking public servants for their contribution, including the Chief Psychiatrist, who is present with us today.

The consultation process for the draft bill, conducted between November 2023 and February 2024, was limited to select advocacy groups and did not include SALRI, despite recommendations for broader engagement. While it is the opposition's intention to pretty swiftly support this bill, there is an opportunity that I will take to touch on just a couple of points of concern, perhaps.

Key amendments proposed in the bill include the authority for the minister to appoint, remove or suspend community visitors, along with enabling the Principal Community Visitor to delegate powers solely to staff members. We benefited from an opportunity to receive a briefing from the government to explore that a little further. Furthermore, the frequency of visits to community mental health facilities is set to change. Residential facilities will now be visited at least once every four months, and outpatient facilities at least once every six months, which is a shift from the current bimonthly requirement.

The bill is structured into two main parts, incorporating a transitional provision. The first part establishes the role of the Principal Community Visitor, appointed by the Governor for a maximum of five years, with provisions for removal based on parliamentary addresses or misconduct. The second allows the minister to appoint community visitors for terms not exceeding three years, and grants the Principal Community Visitor the ability to delegate functions to other visitors or designated individuals—a necessary flexibility given reports of the high rate of visit cancellations reported, particularly across the regions. Additionally, the bill mandates inspections of treatment centres at least every two months, while specifying inspection frequencies for both residential and outpatient community mental health facilities to ensure adherence to regulatory standards.

The overarching goal of the proposed amendments is to enhance the effectiveness and transparency of the community visitor engagements and inspections, as welcomed by the Public Advocate, who argues—argued, past tense—quite a while ago for the immediacy of these changes rather than waiting for a comprehensive overhaul of the entire act, which still seems some way off. Part of the briefing that the opposition received was in explaining why this particular set of amendments or this amendment bill needed to be brought forward forthwith. It was to respect the call that was coming from the Public Advocate, who was arguing for the immediacy, the importance, the urgency of these changes. It is a fairly mild complaint, but I think that the house will see very shortly that a two or three-minute speech that was ready three months ago, when the minister delivered his second reading speech, would have gifted back to the state an opportunity for this bill to pass faster than it has.

Finally, the Mental Health (Community Visitor Scheme) Amendment Bill 2025 represents a step towards improving oversight and support for individuals with mental health challenges, which obviously fosters a more responsive and accountable mental health care system in South Australia. The opposition shares with the government a commitment to see dollars spent wisely, community services expanded, the workforce supported and, in particular, those who are associated with the visitor scheme to feel the full benefits of this amendment bill. I repeat my gratitude to those who have contributed to its drafting, to the consultation period, and to the minister for bringing this through. With those comments, I commend this bill to the house.

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (11:08): I am speaking on the Mental Health (Community Visitor Scheme) Amendment Bill 2025. This Community Visitor Scheme in South Australia plays a huge and important role in safeguarding the rights and wellbeing of people receiving care from a mental health service, people in a state-run disability service, and also NDIS participants who are under the guardianship of the Public Advocate.

Community visitors are trained advocates who conduct regular visits to different sites, providing independent advice and support to the participant or patient and their loved ones. It involves listening to clients about their experience, the care they are receiving and their treatment, reviewing the environment and client records, understanding the work of the service, and clients' engagement in community and activities. It does go beyond a social or conversational visit, and it requires considerable critical thinking and analysis and concise report-writing skills. Importantly, when the reports identify room for improvement, they inform and escalate where appropriate to the service provider, relevant authorities and/or the relevant minister.

This bill makes important changes to the Community Visitor Scheme operating for mental health services under the Mental Health Act 2009. These include varying the schedule for visits to residential authorised community mental health facilities and outpatient authorised community mental health facilities and strategically aligning visits to when it is more meaningful and practical. This is particularly useful in regional areas.

In addition, changing the responsibility of appointing, suspending or removing a community visitor to the minister streamlines the administration process. This also enables the Principal Community Visitor to delegate powers and functions, ensuring more visits can go ahead when volunteers are unable to attend at the last minute and thus reducing cancellations and improving service continuity.

These changes will help improve flexibility and efficiency across the whole Community Visitor Scheme, reduce administrative strain and take a risk-based approach to mental health site visits. Our government absolutely knows the valuable role our community visitors play in monitoring, policy input and system advocacy.

I would like to briefly reflect on my experience with a couple of our really important community visitors; that is, the principal community visitors. I recall attending the launch of the disability service Community Visitor Scheme—I think that was in around 2015 or thereabouts—with the then minister, Tony Piccolo, and the Principal Community Visitor, Maurice Corcoran. I was so impressed at that point as a relatively new member of parliament with the professional conduct, the knowledge and the compassion of Maurice Corcoran. That was the first time I had met him, but having worked in disability services on and off—and definitely in health for the previous nearly 30 years—I was in fact very pleased to see that this service was not only part of the safeguarding in mental health but would be part of a safeguarding regime for people with disability.

I then formed a really good working relationship with Maurice Corcoran and a friendship that is enduring and has allowed me as well to be able to workshop ideas and thoughts with Maurice Corcoran over the years on a range of matters. I want to thank Maurice and place it on record that I thank him deeply for his input and his determination to make the community a stronger and safer place for all people who may, for whatever reason, become vulnerable or feel that they do not have a voice.

I then move to Anne Gale, who is the Public Advocate and has been for some time. If my memory serves me correctly, it was around 2021 when Maurice Corcoran stood down that Anne Gale was then asked to fill in that role as Principal Community Visitor and do that as a dual role: Public Advocate and Principal Community Visitor. I meet with Anne multiple times a year and speak to her as well in between, should the need be triggered. Anne does an absolutely extraordinary job with her team, providing me with advice as the Minister for Human Services. I want to thank both Maurice Corcoran and Anne Gale for their enduring and powerful service and the legacies that both of them are putting in place within our service provision.

Every year, where possible—I do not think we have missed a year—Minister Picton and I together attend the community visitor thankyou event near the end of the year. It is an appreciation and a volunteer celebration all at once. We have been to the last few of those together and thoroughly enjoy that time that we have talking to people about the experiences they are having and the service they are providing. I would not let a lady's age be talked about publicly, but I am sure the excellent community visitor well into their 90s knows who I am talking about.

People make a contribution to the service, often having previously worked in a care delivery type of role, a community service role or actually in the Public Service. Those people make fantastic community visitors. I would encourage people to go to the website and have a look at how they can put their hand up to be a volunteer visitor.

That event that we go to every year is a real eye-opener to the dedication and commitment that people show and can offer after they retire or change jobs. In fact, more so recently, I have noticed more students or people who are graduate entry into the workforce getting involved to help improve their communication, assessment and observation skills. I think that is a really good opportunity as well.

We know how much the scheme means to all the people who are involved. Last year, we congratulated two long-term visitors, Judy and Anne. They have been with the service for well over 10 years. I thank all the community visitors for what they do. This bill will enable them to continue to do that really important work in our care sector, supporting and advocating for those people who may be unable to do so themselves. This bill will provide some streamlined processes for us to be more efficient and effective in what we do in supporting all those fantastic visitors. I commend the bill.

Ms CLANCY (Elder) (11:17): I rise today in support of the Mental Health (Community Visitor Scheme) Amendment Bill 2025, which seeks to amend the Mental Health Act 2009. The Community Visitor Scheme plays a vital role as an independent oversight body visiting mental health and disability services across our state. The scheme safeguards the wellbeing of some of the most vulnerable members of our community, ensuring their experiences are heard and that they are valued.

Established under the Mental Health Act 2009, the scheme serves as a key mechanism for ensuring independent oversight of mental health and disability services. At its heart, the scheme exists to uphold the rights of those receiving care, particularly people living with severe mental illness, by listening to their experiences, monitoring their environments and advocating for change when necessary. People undergoing mental health treatment, especially those who are involuntarily detained, occupy a uniquely vulnerable position. Independent oversight is critical to ensuring their rights are protected, that they are treated with dignity and respect and that any issues of abuse, neglect or improper care are identified and addressed.

Mental health services visited by the Community Visitor Scheme include the Flinders Medical Centre, Glenside Health Services, James Nash House, Lyell McEwin Hospital, Modbury Hospital, Mount Gambier and Districts Health Service and the Noarlunga health service. The scheme has also visited treatment centres, including The Queen Elizabeth Hospital, the Ramsay Clinic Adelaide and the Repat Health Precinct in my electorate.

The Community Visitor Scheme supports people receiving care for mental health services, those receiving disability support in their homes, individuals who have the Public Advocate as their guardian and those with an NDIS plan. Its role is to ensure that everyone's human rights are respected and upheld. To do this, the scheme enlists volunteers known as community visitors. These volunteers visit services, check in on how people are being supported and report any issues they find. If a problem cannot be resolved locally, they escalate it to make sure it gets the attention it needs.

Community visitor volunteers come from many different walks of life, each bringing their own unique skills and experiences, but there is one thing they all share: a deep and passionate commitment to upholding the rights and wellbeing of people. Currently, around 41 community visitors generously dedicate their time to this vital work across our state. These volunteers are tireless advocates, working to ensure the highest possible quality of life and care for those receiving mental health and disability support. They draw on a broad range of professional and personal experiences, including some with lived experience themselves, to guide their important work and fulfil the significant responsibilities of this role.

I want to sincerely commend community visitors—every single one of you—and all other volunteers and workers for giving their time, skills and energy to make a real and lasting difference in the lives of South Australians living with disability or mental health challenges. This community visitor role is much more than a social visit. It requires careful inquiry, thoughtful observation and detailed report writing

Community visitors operate independently of the services they monitor. This independence means they can speak freely and report without fear or favour. They are not subject to internal pressures, and their presence encourages services to maintain high standards, because someone is watching and someone cares. This helps to build trust in the system for both patients and the broader community.

Every time a community visitor enters a service, they are opening a door to a conversation, often with people who otherwise may have little opportunity to speak up. Community visitors talk directly with clients about their care and treatment. They ask questions like: 'Do you feel safe?', 'Are your needs being met?', 'Are you being supported, engaged and treated with dignity?'

The power of those conversations cannot be overstated. For someone in a locked ward, simply being asked those questions and knowing someone is listening can be a lifeline. Over time, regular visits can reveal patterns. They can help identify systemic issues, such as understaffing, unsafe environments, gaps in therapeutic support, and missed opportunities for recovery. This helps create a cycle of learning, accountability and improvement.

In 2023-24, the Community Visitor Scheme made 753 visits to mental health and disability services, produced 506 reports, and found 369 issues that needed attention and five matters of concern that were escalated to senior executives and ministers. Under the Mental Health Act, the rights of patients are not just ethical; they are legal obligations. Independent checking ensures that services comply with the law, that people's liberty is only restricted when justified, and that there is proper documentation of decisions and treatments.

The proposed amendments before us are practical and important. They strengthen the scheme by allowing the minister, rather than the Governor, to appoint, suspend or remove community visitors, and this will improve efficiency. The bill also gives the Principal Community Visitor the power to delegate tasks, so visits can go ahead even if someone else cannot attend.

Finally, this bill also introduces minimum visiting frequencies for community-based and outpatient services based on risk, while also maintaining robust oversight of inpatient treatment centres. These changes will make the scheme more flexible, responsive and sustainable, particularly as community-based services continue to expand.

An accountable mental health system means putting people first. It means that every person who seeks help receives timely, respectful support. It means health services and providers are responsible not only for delivering care but also for outcomes, ensuring interventions can lead to real improvements in people's lives.

The government and the mental health system value the role of community visitors, who volunteer their time and expertise for the scheme to succeed. Every voice matters, every visit counts and every safeguard brings us one step closer to a more just, compassionate and accountable mental health system.

I think the fact that our Chief Psychiatrist, Dr John Brayley, is sitting in the gallery for this debate today shows how much the broader government and community really value the scheme. Thank you for being here, Dr Brayley. I commend this bill to the house.

Mrs PEARCE (King) (11:24): I rise today to speak on the Mental Health (Community Visitor Scheme) Amendment Bill. We live in a society that prides itself on fairness, dignity and care, but the truth is that not everyone is able to stand up and speak out when things go wrong, which is why the Community Visitor Scheme is so important. At its heart, the scheme is about independent eyes, avid listening and compassionate advocacy.

Mental health care is a universal human right and one that I hold very close to my heart. Every South Australian deserves access to quality, compassionate mental health care, no matter their circumstance. They have the right to be safe, respected and treated with dignity. We need to ensure that we create supported environments for people at their time of greatest need, and we also need to ensure we put the appropriate protections in place to keep them safe, which is why I rise to speak on this bill. It plays such an incredible, significant role as an independent oversight body in South Australian mental health and disability services.

Our government deeply values the role of community visitors. Their role, under the guide of Principal Community Visitor Anne Gale, is entirely voluntary, which means they provide their invaluable time, hard work and expertise to ensure this scheme can succeed out of the goodness of their hearts. They are there to listen, observe and to speak up when needed. More importantly, they are there to give a voice to the voiceless. When someone cannot speak up for themselves because perhaps they are isolated, they are afraid or have gone unheard, community visitors ensure that they are not forgotten.

The role can be challenging, and it goes far beyond a social visit. It involves actively listening to clients to ensure their experiences, care and treatment meet the appropriate standard of care for our health sector—and it works. This scheme has led to real improvements in living conditions, better treatment and increased accountability from service providers.

Community visitors can highlight individual issues, but they also report on broader systematic problems to help shape better policy and practice going into the future, and they possess considerable inquiry and report-writing skills. These reports, with any observations and issues noted, are forwarded to the respective service and escalated when it is needed. Over the last reporting period, 753 community visits were undertaken with 506 reports completed. This enabled 369 issues to be identified and reported, with five matters of concern being escalated to senior executives, the Minister for Health and the Minister for Human Services.

These reports can cover whether clients have a plan of care and support in place and whether that client has been involved in its development; are being treated with dignity and respect; are receiving responsive and appropriate services for their needs; and are supported in facilities that meet required standards and their needs. Community visitors may also advocate for a client regarding their care and treatment. With their client's consent, community visitors can communicate any issues to staff at the service to try to resolve the matter and escalate where it is appropriate.

As I mentioned before, the role of community visitors is entirely voluntary. As with all volunteers, they dedicate their own personal time, skills and knowledge to assist in the delivery of quality mental health and disability care to all South Australians. Volunteers are the backbone of our state, especially those who dedicate their time to our healthcare system. They can make clients and patients alike feel safe and cared for in what can sometimes be an intimidating setting and often in very distressful times of their lives.

Not only are we grateful, we are here to back them in. Our government knows how imperative the Community Visitor Scheme is to health care in our state, which is why the Mental Health (Community Visitor Scheme) Amendment Bill 2025 seeks to amend the Mental Health Act 2009 to provide greater flexibility for the scheme, as more community services are gazetted by the Chief Psychiatrist, while ensuring the current legislative requirement to visit and inspect treatment centres, being higher acuity services, at least once every two-month period is not affected. The amendments also seek to:

authorise the minister to appoint, remove or suspend a community visitor, instead of the current Governor appointment;

enable the Principal Community Visitor to delegate powers and functions, ensuring more visits can go ahead when volunteers are unable to attend at late notice;

allow for visits and inspections of residential community mental health facilities to occur at least once in every four-month period, unless specified by regulation; and

allow for visits and inspections at least once in every six-month period for outpatient authorised community healthcare facilities.

With the flexibility given to community visitors, thanks to these amendments, they can continue to provide outstanding mental health and disability care and provide vital independent advocacy for their clients. This legislation reminds us of something that is absolutely essential: that everyone has a right to live a dignified life. No-one should be hidden away or ignored simply because they live in care.

Thank you again to the volunteers, staff and advocates who support this scheme: your work reflects the very best of our community—fairness, compassion and the courage to speak up. With that, I commend the bill to the house.

Ms THOMPSON (Davenport) (11:30): I, too, rise today to support the Mental Health (Community Visitor Scheme) Amendment Bill 2025. The Community Visitor Scheme is one of the quiet strengths of our mental health and disability systems. It is an independent safeguard, a human voice and a practical oversight body that makes sure dignity, safety and rights are upheld. It operates under the Mental Health Act 2009 and the Disability Services Regulations and is carried out by trained volunteers who give their time and expertise to support people at their most vulnerable.

The scheme is preventative rather than reactive. It does not wait for something to go wrong before stepping in. Instead, community visitors proactively visit, listen, observe and report. They ask clients whether they feel safe, whether they feel respected and engaged in their treatment. They review the environment and records, they speak to staff and they provide clear feedback, both informally on the day and formally through detailed reports to the Principal Community Visitor, and then these reports are escalated if concerns remain unresolved.

I frequently speak with vulnerable people in my community who are just feeling overwhelmed. This can be for a range of reasons, many of which are not relevant to my speech today. But, it has made me deeply mindful that often people just need a caring and empathetic person to listen to them and to help guide them through a challenging time. Sometimes it is a process or a system that just seems completely overwhelming for that person in the crisis that they might be in, or if they are suffering with mental health challenges. Just knowing that someone is there to listen and to advocate for them can make a huge difference, and that is how I know just how important and valued the CVS visits are.

The scheme is not just about the casual social visits: it requires skill, compassion and rigour. Over the past reporting year, community visitors have undertaken 753 visits across South Australia and, as we have heard, they have produced 506 reports, raising 369 issues that required further attention. I am sure the answers to those reports are providing real improvements in people's lives. They visited approximately 250 disability services, meeting nearly 600 clients. I can only imagine how many improvements have come from those visits and the real change for people and their families. This work really matters, because mental health care is not a privilege, it is a universal human right. Every visit helps protect that right. Every report ensures accountability and every conversation with a client helps build a safer, kinder and more effective system.

In my electorate of Davenport, we see the importance of this work every day. At Flinders Medical Centre many local families have had loved ones cared for in the Margaret Tobin Centre. One mother told me about the difference it made when a community visitor recommendation was acted on—changes as simple as clearer signage and scheduled quiet hours in the ward, which ease distress during an acute episode of illness. A man recovering in a community residential program spoke with me about how a visitor asked him if the activities advertised on the notice board actually happened, and that simple question led to a walking group and a gardening program that became central to his recovery.

Another local woman shared with me how the scheme prompted her outpatient clinic to introduce better appointment reminders and telehealth options, reducing missed sessions and preventing crisis. These may sound like small changes, but for the people experiencing them they are life-changing.

The bill before us makes sensible amendments to support the scheme as it evolves with our mental health system. It allows the minister, rather than the Governor, to appoint, suspend or remove community visitors, ensuring that appointments can be made quickly and responsively. It allows the Principal Community Visitor to delegate powers and functions so that visits can still go ahead when last minute changes occur. It extends the scheme to residential community mental health facilities requiring visits at least every four months, and ensures outpatient authorised facilities are visited at least every six months. Importantly, though, it does not alter the requirement for inpatient treatment centres to be inspected every two months. Those higher acuity settings will continue to receive the closest oversight.

These changes are practical and they are measured. They strengthen independence, expand reach and ensure the scheme can adapt to new services as they are gazetted by the Chief Psychiatrist. Most importantly, they reinforce our commitment to the rights, safety and dignity of people in mental health and disability services.

I want to acknowledge the leadership of Principal Community Visitor, Anne Gale, and thank every community visitor who gives their time to this work. Their efforts, often unseen, make a real difference in people's lives, including in my community. I also thank the staff and service providers who respond constructively to their recommendations, because true accountability is not about defensiveness but about partnership in the pursuit of better care.

This bill strengthens that partnership. It equips the Community Visitor Scheme to keep doing what it does best: listening, observing, reporting and advocating for improvements. It ensures the protections in our laws are lived out in practice in wards, residential homes and community clinics. For the people of Davenport and for all South Australians this is about more than legislation; it is about trust, safety, and quality, compassionate care. I commend the bill to the house.

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (11:35): I thank all members for their contributions: the member for Frome on behalf of the opposition, and the members for Elder, King and Davenport on our side of the house, as well as the Minister for Human Services, and I note the joint stewardship that we have between our portfolios in relation to this important area.

The Community Visitor Scheme provides an integral safeguarding service, promoting wellbeing, dignity, safety and rights for people living with a mental health condition receiving care from a mental health service as well as, of course, through disability services. This bill provides more practical and greater flexibility to conduct visitations as the gazettal of more and more community health services continues. There has been a significant effort from the Office of the Chief Psychiatrist to gazette more and more of those services and, therefore, we have needed a new approach to how this legislation works.

I would like to thank the Principal Community Visitor, Anne Gale, for her work, but particularly all the volunteers who provide that really important service right across the state. As the Minister for Human Services said, the minister and I have been regularly meeting with those visitors at their annual functions to thank them for their work and the service they provide on behalf of the people of South Australia. I would also like to thank everyone who has been working collaboratively in relation to this bill, particularly the Chief Psychiatrist, Dr John Brayley; Sally Cunningham from the OCP; Gabrielle Karas from the OCP; the team in the office of the Principal Community Visitor; and Lauris Buckley in my office as well. With those comments, I look forward to the consideration of this bill by the house.

Bill read a second time.

Third Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (11:38): I move:

That this bill be now read a third time.

Bill read a third time and passed.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT