Mental Health (Recovery Model) Bill 2015
Plain English Summary
Overview
This bill replaces Queensland's Mental Health Act 2000 with a new framework for treating people with mental illness who cannot consent to their own care. It is built around a recovery model that treats people in the community wherever possible, strengthens patient rights, and provides clearer ways to divert people with mental illness from the criminal justice system while protecting the community.
Who it affects
People with mental illness and their families, carers and support persons are most affected, along with patients who are charged with serious offences. Doctors, mental health services, police, ambulance officers, the Mental Health Court and the Mental Health Review Tribunal also operate under new rules.
Key changes
- Replaces involuntary treatment orders with treatment authorities that require a person to lack capacity to consent and there to be a risk of serious harm before involuntary treatment can be given
- Makes community treatment the default so people are not held in hospital unless inpatient care is the only way to meet their needs
- Lets people appoint a nominated support person in advance to speak for them if they become unwell
- Allows magistrates to discharge people who appear to have been of unsound mind at the time of an alleged offence or unfit for trial
- Creates court treatment orders as a less restrictive alternative to forensic orders, and allows non-revoke periods of up to 7 years for forensic orders for serious violent offences
- Regulates mechanical restraint and seclusion through chief psychiatrist approval and reduction and elimination plans, and prohibits psychosurgery
- Requires public sector mental health services to provide patient rights advisers and ensures free legal representation at specified tribunal hearings
- Lets victims of unlawful acts apply for information notices about patients who have been diverted from the criminal justice system
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced5 May 2015View Hansard
Vote on a motion
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (42)
Noes (46)
Referred to Health and Ambulance Services Committee
Committee report tabled
▸Second Reading18 Feb 2016View Hansard
Vote on a motion
Vote on a procedural motion related to the Mental Health Bill debate, defeated on party lines with the same 40-42 split as the GPS tracking amendment.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (40)
Noes (42)
Introduced the bill as a private member's bill, presenting it as a major improvement to Queensland's mental health legal framework with six key areas of reform including strengthened patient support, improved health service delivery, and community protection.
“We on this side of the chamber value the importance of a recovery oriented service that is patient focused and which helps in the reduction of stigma. These are the hallmarks of this bill, of which I am very proud.”— 2015-05-05View Hansard
Supported the LNP bill as deputy committee chair, raising concerns about the government bill's restrictions on restraint and sedation affecting staff safety, and advocating for the Chief Psychiatrist to retain GPS tracking powers for forensic patients near schools and community infrastructure.
“At the core of our hospital and health system should be an overarching trust in the ability of our health staff in an emergency department, whether they are ambulance officers, police or nursing staff, to use effective judgement.”— 2016-02-18View Hansard
Supported the LNP bill, speaking passionately about mental health in rural and regional areas and the South Burnett Suicide Prevention Group, and criticising the government member for Springwood for politicising mental health.
“Mental health is not a political issue and it should not be used in the way in which the member for Springwood did in this House.”— 2016-02-18View Hansard
In reply, defended the LNP bill, criticised ALP behaviour in the House, praised the former health minister's work, and reiterated the key difference between the bills regarding the Chief Psychiatrist's GPS tracking powers.
“Whatever comes out of today, whoever occupies the government and opposition benches must continue to work together.”— 2016-02-18View Hansard
▸In Detail18 Feb 2016View Hansard
That the amendment be agreed to
Vote on the LNP amendment to give the Chief Psychiatrist power to impose GPS tracking device conditions on forensic patients receiving community treatment, with mandatory Mental Health Review Tribunal review within 21 days. The amendment was defeated.
The motion was defeated.
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Ayes (40)
Noes (42)
Referenced Entities
Legislation
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Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards