Mental Health Amendment Bill 2016

Overview

This bill makes technical and protective amendments to the Mental Health Act 2016 before it starts on 5 March 2017. The key change stops statements made by a person during a court-ordered mental health assessment or examination from being used against them in civil or criminal proceedings, so patients can be frank with clinicians. The bill also tightens limits on detention, seclusion and restraint, fixes gaps affecting private mental health services, and makes small changes to the Public Health Act 2005 and Coroners Act 2003.

Who it affects

People facing criminal charges who are being assessed for mental illness gain the strongest protections, along with patients in mental health services generally. Paramedics, police, magistrates and private mental health services also get clearer rules for their roles.

Key changes

• Statements made during a mental health assessment or examination cannot be used as evidence against you in civil or criminal proceedings
• Detention for examination outside a mental health service is capped at one hour; inside a service it is up to six hours, extendable to 12
• Only actual (not authorised-but-unused) periods of seclusion or mechanical restraint count towards the 9-hour daily limit
• The Mental Health Review Tribunal can dismiss frivolous or vexatious appeals without a hearing
• Private authorised mental health services are brought into line with public ones on delegations and staff powers
• Ambulance officers are expressly recognised as 'authorised persons' for transporting people under emergency examination authorities