[Greens-Media] Opportunity lost in review of the Mental Health Act

[John Kaye]

Opportunity lost in review of the Mental Health Act

Media release: 7 November 2014

A two year review of the NSW Mental Health Act has left NSW  with outdated
and ineffective laws for the treatment of patients, despite a long and
extensive consultation that proposed significant reforms, according to
Greens NSW MP

('Mental health laws overhaul criticised for being cosmetic',Sydney Morning
Herald, 7 November, p. 9, http://j.mp/smh141107)

The Mental Health Amendment (Statutory Review) Bill 2014 (
http://j.mp/MentalHealthBill) contains a series of cosmetic changes that
fail to address the pressing problems of thresholds for involuntary
treatments of patients with mental illness.

(See attached for more details)

Dr Kaye's comments follow similar criticism from mental health
professionals, an academic legal expert and a carers' group.

Dr Kaye said: "Mentally ill people will see very little change to their
ability to receive treatment or their rights to have a say in how they are
medicated.

"Nothing has been done to address the failure of the legislated processes
that resulted in the Waterlow tragedy.

"The status quo left in place by this bill is the worst of all possible
worlds.

"The 'risk of harm' threshold leaves many patients without involuntary care
when they are in desperate need and subjects others to coercive care when
they have the capacity to make an informed decision to reject it.

"It fails to respect the rights of patients who have the capacity to reject
treatment.

"It leaves too many people untreated for their declining mental health
because the risk of harm they pose to themselves and others is not
apparent.

"The state will still have a test for involuntary treatment that is
subjective.

"Former Mental health Minister Kevin Humphries told parliament that the
government's changes address the issues of capacity. In reality, the word
is mentioned but not in a way that will have any material bearing on the
behaviour of the psychiatric profession.

"The mental health community is right to be deeply disappointed by this
Bill. The consultation process was rigorous and lengthy and delivered a
clear message that NSW needs to change the basis of coercive care.

"The process came to an abrupt end with little to show for the hours of
input from patients, nurses, psychiatrists and carers.

"The rest of Australia and the developed world are moving towards a much
more sensitive threshold for involuntary treatment. NSW, despite being
asked by patient and carer groups and the profession, is sticking a test
that disempowers patients and damages health outcomes.

"The Baird government is leaving the state substantially in violation of UN
Convention on the Rights of people with Disabilities," Dr Kaye said.

For more information: John Kaye 0407 195 455

Other media comments:

Dr Christopher Ryan Consultation-Liaison Psychiatrist Westmead Hospital
9845 6688

Dr Sascha Callaghan  Centre for Values Ethics & the Law in Medicine,
University of Sydney 0403 208 822

Jonathan Harms Mental Health Carers ARAFMI NSW Inc 0401 169 921

Brett Collins Coordinator JUSTICE ACTION  0438 705003

-- 
----------------------------------------
John Kaye
Greens NSW MP
phone: 0407 195 455
web: www.john.nsw.greens.org.au
----------------------------------------