❓ A WA parliamentary question on notice inquires about the reporting requirements and successful prosecutions related to ill-treatment or wilful neglect of mental health patients under the Mental Health Act 1996. The response indicates no mandatory reporting and no prosecutions under the Act.
AnsweredQoN 217Legislative Council
QuestionView source ↗
MENTAL HEALTH ACT 1996 - SECTION 162
I refer to section 162 of the Mental Health Act 1996, which states - A person having any responsibility towards a person as a patient who ill-treats or wilfully neglects the patient commits an offence. Penalty: $4 000 or imprisonment for 1 year. (1) Is it mandatory for any of the following to report a suspected breach of section 162 - hospital staff; the Chief Psychiatrist; the Council of Official Visitors; the Health Consumers’ Council; the Office of Health Review; the Office of the Public Sector Standards Commissioner; officers of the Corruption and Crime Commission; or any other person? (2) How many people have been successfully prosecuted under section 162? (3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY
I refer to section 162 of the Mental Health Act 1996, which states - A person having any responsibility towards a person as a patient who ill-treats or wilfully neglects the patient commits an offence. Penalty: $4 000 or imprisonment for 1 year. (1) Is it mandatory for any of the following to report a suspected breach of section 162 - hospital staff; the Chief Psychiatrist; the Council of Official Visitors; the Health Consumers’ Council; the Office of Health Review; the Office of the Public Sector Standards Commissioner; officers of the Corruption and Crime Commission; or any other person? (2) How many people have been successfully prosecuted under section 162? (3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY
AnswerView source ↗
I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
Penalty: $4 000 or imprisonment for 1 year.
(2) How many people have been successfully prosecuted under section 162? (3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
Penalty: $4 000 or imprisonment for 1 year.
(2) How many people have been successfully prosecuted under section 162? (3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(3) How many people have been successfully prosecuted under any other section of the act? Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
Hon SUE ELLERY replied: I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
I thank the member for some notice of this question. (1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(1) No. (2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(2) The Department of Health is not aware of anyone being prosecuted under section 162 of the Mental Health Act 1996. (3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
(3) The Department of Health is not aware of anyone being prosecuted under any other section of the Mental Health Act 1996.
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