Department of Human Services Changes to the Mental Health Act: Background and perspectives John Hickey, Project Officer Legal and Forensic Policy Team Mental Health Branch

Background to the amendments The result of the following influences: –Supreme and coroner’s court decisions –Responses to the CTO discussion paper –Consumer and carer feedback –Improving the operation of the Act The Mental Health (Amendment) Act 2003 –Implementation date: 6 th December 2004

Admission process The Act removes the requirement for admission and detention from the involuntary treatment criteria in section 8 The criteria will now focus on the need for involuntary treatment – not where that treatment is to be provided Involuntary Treatment Order

Treatment Plans -Section 19A Every patient under the Mental Health Act 1986 must have a treatment plan. The purposes of treatment plans are: –To improve communication between the treatment team and the patient –To provide a clear statement about treatment and expectations Consistent with existing treating practice

Monitoring and Review Mental Health Branch will monitor the implementation over the next 12 months: –Admission processes –Treatment plans

Further Information