Mental Health Bill 2015

Overview

This bill completely replaces Queensland's Mental Health Act 2000 with a new framework for treating people with serious mental illness who cannot consent to their own treatment, and for dealing with people with a mental illness who are charged with serious crimes. It tightens the criteria for involuntary treatment, strengthens patient rights, limits the use of restraint and seclusion, and creates a new role - the chief psychiatrist - to oversee the system.

Who it affects

The bill most directly affects people with serious mental illness (especially those who lack capacity to consent to treatment), their families and carers, and people charged with serious offences whose mental state is in question. It also affects victims of unlawful acts, doctors and other mental health practitioners, police and ambulance officers, and magistrates.

Key changes

• Replaces involuntary treatment orders with 'treatment authorities' that can only be made if the person lacks capacity to consent AND faces imminent serious harm or serious mental or physical deterioration, and only if there is no less restrictive way to treat them
• Creates 'nominated support persons' - a patient can formally appoint one or two people who receive all notices, can access confidential information, and can represent the patient at tribunal hearings
• Requires public mental health services to appoint independent patient rights advisers to help patients and families understand their rights
• Gives patients a right to request a second opinion on their treatment and care
• Requires chief psychiatrist approval before mechanical restraint can be used, caps it at 3 hours per use and 9 hours a day, and requires continuous observation; introduces 'reduction and elimination plans' to phase out restraint and seclusion
• Prohibits psychosurgery, insulin-induced coma therapy and deep sleep therapy, and requires Mental Health Review Tribunal approval before electroconvulsive therapy can be given to people without capacity or to minors
• Creates 'treatment support orders' as a less intensive alternative to forensic orders for people whose role in an offence was minor, and allows the Mental Health Court to set non-revocation periods of up to 10 years for the most serious violent offences like murder and rape
• Gives magistrates express power to dismiss charges or order mental health examinations for people who appear to have been of unsound mind or unfit for trial
• Gives ambulance and police officers clearer powers (under the Public Health Act 2005) to transport people in acute mental distress to hospital for urgent examination, whether the cause is illness, injury, disability or intoxication
• Replaces the Director of Mental Health with an independent chief psychiatrist who makes binding policies, investigates complaints, and protects patient rights
• Requires the tribunal to provide free legal representation at key hearings, including for minors, fitness-for-trial reviews, and electroconvulsive therapy applications
• Improves information and support for victims of unlawful acts by forensic patients, including reasons for community treatment and victim impact statements the tribunal must consider