Document Actions
Justice delayed for involuntarily detained mental health patients
Saturday 13 March 2010
Greens MP and health spokesperson Lee Rhiannon has criticised new mental health laws which may result in delays of up to several weeks before an involuntarily detained patient is brought before the Mental Health Review Tribunal for review. The changes will also entrench the use of video conferencing rather than face-to-face review hearings.
Sydney Morning Herald, page 5.
Late last month the President of the NSW Mental Health Review Tribunal wrote to relevant NSW area health services outlining the new regime.
"These changes, driven by inadequate resources, are a regressive step which wind back protections for vulnerable patients with a mental illness," Ms Rhiannon said.
"The new system means involuntarily detained patients will no longer attend hearings in person before a Magistrate within a week of being admitted. They may wait up to three weeks before having a Tribunal hearing by video link.
"If NSW moves to habitually use video conferencing it will break from all other Australian jurisdictions which restrict its use to servicing rural and remote communities.
"The Greens are calling for better funding of the Mental Health Tribunal to allow face-to-face hearings at each health facility within a week of admission, rather than by video link.
"The rights of the mentally ill have been hard fought for and any move to chip away at them is a clear matter for concern.
"Currently the NSW Mental Health Act requires that an involuntarily detained mental health patient has their matter heard 'as soon as practicable' by a magistrate. In practice this occurs within a week of admission.
"This initial hearing is critical to decide if a patient should be discharged, possibly with specific treatment orders, or detained for further treatment.
"Keeping a mentally unwell person detained against their will is a serious matter, making it critical to have this decision subject to an immediate and thorough external review.
"NSW's current mental health laws clearly articulate processes for determining a person's care regime, in co-operation with doctors and magistrates.
"The reforms compromise the hard earned gains made over many years to create a justice system for the mentally ill.
"Premier Kristina Keneally says protecting the vulnerable is one of her priorities and former Premier Morris Iemma nominated mental health as his top issue.
"What this new system suggests is that mental illness remains a low priority for the NSW government," Ms Rhiannon said.
For more information: 0427 861 568
