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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-13 Daily Xml
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CRIMINAL LAW AND MENTAL HEALTH

In reply to the Hon. R.D. LAWSON (25 March 2009).

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business): The Attorney-General has received this advice:

1. The Attorney-General did seek legal advice on the issues raised by Ms Nelson in her letter dated 24 May, 2004.

2. This advice was considered within the context of the subsequent reviews of mental health legislation in South Australia. No action about amending the powers of the Parole Board was taken at this time.

3. Ms Nelson wrote to the Minister for Correctional Services on 30 November 2006 highlighting similar concerns with Section 269 of the of the Criminal Law Consolidation Act 1935. The Attorney-General sought further legal advice on this matter following this letter.

4. The government is currently reforming mental health and criminal justice. This requires legislative changes, new patient-focussed models of care and agency partnerships. Of particular note is the Mental Health Act 2009, which the Governor assented to on 11 June, 2009. The Mental Health Act 2009 will provide a new legislative basis for services to people with serious mental illness who are either unwilling or unable to consent to their own treatment. This updated legislation is part of the government's broader reform agenda in the area of mental health that also involves investing millions of dollars into rebuilding community and hospital-based services.

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