❓ Question regarding WA Department of Health's preparedness for OPCAT ratification and its implications for the mentally ill. The Minister's response outlines existing protections under the Mental Health Act 1996 and states no advice has been received regarding OPCAT's implications.
AnsweredQoN 2692Legislative Assembly
QuestionView source ↗
(1) What measures have been taken by the Minister’s department to prepare for the imminent ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) by the Australian Government and to ensure compliance by the Department of Health in the context of the mentally ill?
(2) Has the Minister received advice as to the implications, both administrative and financial, of OPCAT for the current operations of the Department of Health; and
(a) if so, what are they?
(2) Has the Minister received advice as to the implications, both administrative and financial, of OPCAT for the current operations of the Department of Health; and
(a) if so, what are they?
AnswerView source ↗
Answered
19 May 2010
Responded by
Minister for Mental Health
Response time
29 days
(1) People in Western Australia required to receive mental health care are protected by the
Mental Health Act 1996
and associated Regulations. This legislation has provisions to protect patient rights when they are detained in an (authorised) Hospital under the Act to receive psychiatric treatment including:
Unrestricted visits by the independent agency, the Council of Official Visitors;
Reviews of involuntary status by the independent agency, the Mental Health Review Board;
Legislated responsibilities by the Chief Psychiatrist, such as monitoring of standards of care, facilitation of second opinions and review of medical and psychiatric treatment; and
Regulations to direct practices such as seclusion and restraint.
Further to this, good clinical practice enables access to other agencies whilst in care such as the Mental Health Law Centre, the Health Consumers' Council, the Office of Health Review, the Police Service, the State Ombudsman and politicians.
(2) No
(a) Not applicable
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Mental Health Act 1996
and associated Regulations. This legislation has provisions to protect patient rights when they are detained in an (authorised) Hospital under the Act to receive psychiatric treatment including:
Unrestricted visits by the independent agency, the Council of Official Visitors;
Reviews of involuntary status by the independent agency, the Mental Health Review Board;
Legislated responsibilities by the Chief Psychiatrist, such as monitoring of standards of care, facilitation of second opinions and review of medical and psychiatric treatment; and
Regulations to direct practices such as seclusion and restraint.
Further to this, good clinical practice enables access to other agencies whilst in care such as the Mental Health Law Centre, the Health Consumers' Council, the Office of Health Review, the Police Service, the State Ombudsman and politicians.
(2) No
(a) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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