Consumer rights charter in new Mental Health Bill (Video)

• Draft Mental Health Bill consultation from December 16 to March 9, 2012
• Raft of proposed changes to care for involuntary patients

A charter of consumer rights striving for dignity, equality, compassion and freedom from discrimination and stigma for people with mental illness will be enshrined in Western Australia's new Mental Health Bill for the first time.

The draft Bill, which is out for consultation until March 2012, will have a significant impact for people who come into contact with the WA mental health system, in particular mental health consumers, carers, clinicians with families' legal recognition written into the legislation, also for the first time in WA.

The proposed changes include a new Mental Health Advocacy Service, currently the Council of Official Visitors, headed by a full-time Chief Mental Health Advocate who will be required to contact every involuntary patient within seven days.

A Mental Health Tribunal will replace the existing Mental Health Review Board to independently review involuntary treatment orders to ensure every involuntary patient has an individual treatment, support and discharge plan. The use of Electroconvulsive Therapy on involuntary patients will be prohibited without approval by the Tribunal, except in urgent situations.

Mental Health Minister Helen Morton said releasing the draft Bill for public comment prior to introducing it to Parliament will help ensure the new legislation reflects the expectations and aspirations of the WA community.

"Time and time again I have been told by people with mental illness and their families they are not involved in their treatment. This new Act will change that by empowering people to have a greater say in their recovery," Mrs Morton said.

"Supporting people in the community with individual discharge planning tailored to the person will begin once the person is admitted. In addition to greater involvement of carers, a new 'nominated person' scheme is proposed to ensure patients' rights are respected."

The release of the draft Mental Health Bill demonstrates the State Government's unprecedented commitment to improve mental health care for all West Australians who experience mental health problems or mental illness.

"The appointment of a Minister for Mental Health, the establishment of Australia's first Mental Health Commission, and the release of the Mental Health 2020 strategic policy provide the foundation for a responsive system that delivers real outcomes for all West Australians."

      Fact File

• New requirements for discharge planning to help people transition back into the community
• Legal recognition of the role carers play in supporting people experiencing mental illness
• Failing to report unlawful sexual contact or undue force penalty now $6,000
• Act expected to come into effect July 2013
• Explanatory guides and to have your say go to http://www.mentalhealth.wa.gov.au

Minister's office -  6552 6900 (As from Monday 19 Dec, 2011)

Video: Speech