Mental Health Bill introduces ECT safeguards

• Bill introduces minimum age limit of 14 years for use of electroconvulsive therapy (ECT)

• ECT for involuntary adult patients and those under 18 must be approved by Mental Health Tribunal

• Safeguards in Bill stricter than any other Australian jurisdiction

Members of Parliament now debating the Mental Health Bill have covered some of the most significant areas of the Bill, including new safeguards around the use of electroconvulsive therapy (ECT).

Mental Health Minister Helen Morton said stricter controls regarding the use of ECT would be introduced as part of the Bill, including banning its use on children under 14 years of age. Current laws do not place any lower age limits on the use of ECT and a child of any age could potentially receive it.

"ECT is a vital treatment for some people who are struggling to manage their mental health and in some cases, it can save lives.  However, many people in the community are concerned about the nature of the treatment," Mrs Morton said.

"We have tried to reach a balance with this legislation by introducing the strongest safeguards of any Australian jurisdiction with a minimum age limit and approval via the Mental Health Tribunal.  While ECT is very rarely used for young people, we do not wish to deny them access to a treatment which may save their lives."

The legislation will mean that ECT proposed by a psychiatrist for involuntary adult patients and all those under 18 must be approved by the Mental Health Tribunal. The tribunal panel includes a lawyer, psychiatrist (a child and adolescent specialist if the patient is under 18 years old) and a community member.

The Minister said the debate in the Legislative Assembly had now covered about half the 583 clauses within the Bill.

"This legislation will change the way we approach treatment for those living with mental health issues.  It will increase family and carer involvement with the treatment and care, ensuring the creation of a support network around those experiencing mental illness," she said.

The Bill includes input from more than 1,300 people in the community and the sector.  In reflection of this, the Mental Health Bill provides new levels of rights protection for people who are seriously ill, providing enhanced processes and safeguards around involuntary treatment.

It is expected that the changes set out in the legislation will begin approximately one year after it is passed by State Parliament.

          Fact File

• The Mental Health Bill has been prepared to replace Mental Health Act 1996, which is the current legislation in force in Western Australia

• 1,300 written submissions have been received since the Exposure Draft Mental Health Bill was launched for public comment in December 2011

• More information at http://www.mentalhealth.wa.gov.au

Minister's office - 6552 6900