28 October 2008

Historic Overhaul of Mental Health Laws

Laws that strengthen the role of victims of crime and remove politics from caring for mental health patients have passed through the NSW parliament today.

The new laws affect patients who have been found not guilty due to mental illness or who are not fit for trial, and those who become mentally ill in jail, Minister Assisting the Minister for Health (Mental Health) Barbara Perry said.

The Mental Health Review Tribunal will have special panels presided over by sitting or former judges to decide if these patients should be released.

Previously, the Minister or the Governor made the final decision whether to release such patients, a system that has been in place since the 18th century.

“This new legislation means the decision making for this very important process will now be in the hands of medical and legal experts,” Ms Perry said.

“The Mental Health Legislation Amendment (Forensic Provisions) Bill 2008 is a win-win for patients, victims, carers and families.”

The legislation reflects the recommendations made by former Supreme Court Judge, the Hon. Greg James QC, in the Forensic Review he conducted for the Government.

“The new Forensic Panel of the Mental Health Review Tribunal will include senior judicial members, expert forensic psychiatrists and other experts,” Ms Perry said.

“Patients will be released with appropriate conditions to ensure they receive suitable health care and that community safety is maintained and victims protected.

“Victims of crime are very supportive of this initiative.

“For the first time, they will have a right to access the decision making process. They can voice their opinions and give input on a range of possible restrictions.”

Under the changes, the Government will still be able to appeal the decision of the Mental Health Review Tribunal if there are concerns about public safety.

The new laws will take effect on February 28, 2009.

For a range of health information, go online to www.health.nsw.gov.au