Hon. Linda Savage asks the Minister for Mental Health about the use of specific criteria within Section 26 of the Mental Health Act 1996 for involuntary patient detention between 2009-2011. The Minister responds that the requested data is unavailable and notes upcoming legislative changes.

AnsweredQoN 485Legislative Council
Asked
28 June 2012
Portfolio
Mental Health

QuestionView source ↗

MENTAL HEALTH ACT — INVOLUNTARY PATIENTS
485. Hon LINDA
SAVAGE to the Minister for Mental Health:
Some notice of the question has been given. I refer to
section 26 of the Mental Health Act 1996 in regard to involuntary patients.
(1) In each of
the calendar years 2009, 2010 and 2011, how many times was section 26(2)(b)—that
is, ''lasting or irreparable harm to any important personal relationship
resulting from damage to the reputation of the person among those with whom the
person has such relationships''—used as the sole reason for the
involuntary detention of a patient?
(2) In each of
the calendar years 2009, 2010 and 2011, how many times was section 26(2)(c)—that
is, ''serious damage to the reputation''—used as the sole
reason for the involuntary detention of a patient?

AnswerView source ↗

I thank the member for some notice
of this question.
(1)–(2) The
Department of Health advises that this type of information is not available
from the mental health information system, and cannot be extracted from
patients' records.
I would just go on to add that there are three criteria that
a mental health person has to meet to be made involuntary, and that is just a
part of it. I have already indicated that the draft bill has had a substantial
rewrite around the criteria for involuntary admission, and these two items have
been dropped from that bill.

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