❓ Hon Giz Watson's parliamentary question addresses key aspects of the mental health system in WA, including patient rights, access to information, use of force, and the role of the Commissioner for Health. The response provides clarifications and outlines relevant legislation.
AnsweredQoN 826Legislative Council
QuestionView source ↗
(1) How does a voluntary patient in the mental health system withdraw from the system?
(2) When will the review of the
Mental Health Act
be completed?
(3) Under what circumstances is a mental health patient denied access to a copy of his/her medical file?
(4) Are mental health staff permitted to use force in the conduct of their duties?
(5) If yes to (4), which provision of the
Mental Health Act
permits staff to use force?
(6) When a person is detained under the
Mental Health Act
is there a requirement to reveal the reasons for that detention?
(7) When was the Commissioner for Health replaced by the Director General?
(8) How did this change of office affect the statutory responsibilities ascribed to the Commissioner?
(2) When will the review of the
Mental Health Act
be completed?
(3) Under what circumstances is a mental health patient denied access to a copy of his/her medical file?
(4) Are mental health staff permitted to use force in the conduct of their duties?
(5) If yes to (4), which provision of the
Mental Health Act
permits staff to use force?
(6) When a person is detained under the
Mental Health Act
is there a requirement to reveal the reasons for that detention?
(7) When was the Commissioner for Health replaced by the Director General?
(8) How did this change of office affect the statutory responsibilities ascribed to the Commissioner?
AnswerView source ↗
Answered
27 June 2003
Responded by
Parliamentary Secretary representing the Minister for Health
Response time
17 days
1.
Voluntary mental health patients are in the same position to any other patient voluntarily receiving health care. If they feel they no longer require treatment from a mental health service they need no longer attend. As a matter of courtesy the mental health case manager needs to be informed that a person no longer wishes to use a mental health service so the persons’ name can be removed from the ‘active ‘ records.
2.
The review of the
Mental Health Act 1996
(MHA) and the
Criminal Law (Mentally Impaired Defendants) Act 1996
will be completed when Professor Holman, chair of the review, presents a report to the Minister for Health by 20 November 2003.
3.
A mental health patient may be denied access to their medical records in accordance with the
Freedom of Information Act 1992
or section 161 of the MHA.
4.
Yes.
5.
The force that may be used is determined by the provisions of the MHA Part 5 and the common law.
6.
The criteria for making a person an involuntary detained patient is set out under section 26 of the MHA. Only a psychiatrist can make such an order, which must be in writing. A copy of the order (Form 6) is given to the patient (section 159). The Form 6 sets out the basis on which the order was made. If a person is referred by either a medical or authorised mental health practitioner under section 29 of the MHA, the practitioner must suspect on reasonable grounds that the person should be made an involuntary patient. The referrer completes a Form 1 which refers the person to either an authorised hospital or other place. The Form 1 details the basis on which it is suspected that the person should be made an involuntary patient. Persons referred do not have an automatic right to a copy of the Form 1, however they may request a copy from the referrer or apply for a copy under section 160 of the Act.
7.
The Commissioner of Health (CoH) and the Director General of Health are one and the same person. The CoH is a statutory position created by section 6 of
the Health Legislation Administration Act 1984
. Various legislation confers powers on the CoH. By convention, this office is held by the DoH’s chief executive officer (CEO). Pursuant to the Machinery of Government Taskforce Report, the Government has accepted that the preferred title of the DoH’s CEO is the Director General. This is the title by which the CEO of the DoH is known except when he is exercising the functions and powers conferred on the CoH by legislation.
The Government is planning to introduce legislation to confer all functions and powers given to the CoH by legislation directly on the CEO of the DoH.
8.
The creation of the position of Director General has not affected the statutory responsibilities of the Commissioner of Health.
Voluntary mental health patients are in the same position to any other patient voluntarily receiving health care. If they feel they no longer require treatment from a mental health service they need no longer attend. As a matter of courtesy the mental health case manager needs to be informed that a person no longer wishes to use a mental health service so the persons’ name can be removed from the ‘active ‘ records.
2.
The review of the
Mental Health Act 1996
(MHA) and the
Criminal Law (Mentally Impaired Defendants) Act 1996
will be completed when Professor Holman, chair of the review, presents a report to the Minister for Health by 20 November 2003.
3.
A mental health patient may be denied access to their medical records in accordance with the
Freedom of Information Act 1992
or section 161 of the MHA.
4.
Yes.
5.
The force that may be used is determined by the provisions of the MHA Part 5 and the common law.
6.
The criteria for making a person an involuntary detained patient is set out under section 26 of the MHA. Only a psychiatrist can make such an order, which must be in writing. A copy of the order (Form 6) is given to the patient (section 159). The Form 6 sets out the basis on which the order was made. If a person is referred by either a medical or authorised mental health practitioner under section 29 of the MHA, the practitioner must suspect on reasonable grounds that the person should be made an involuntary patient. The referrer completes a Form 1 which refers the person to either an authorised hospital or other place. The Form 1 details the basis on which it is suspected that the person should be made an involuntary patient. Persons referred do not have an automatic right to a copy of the Form 1, however they may request a copy from the referrer or apply for a copy under section 160 of the Act.
7.
The Commissioner of Health (CoH) and the Director General of Health are one and the same person. The CoH is a statutory position created by section 6 of
the Health Legislation Administration Act 1984
. Various legislation confers powers on the CoH. By convention, this office is held by the DoH’s chief executive officer (CEO). Pursuant to the Machinery of Government Taskforce Report, the Government has accepted that the preferred title of the DoH’s CEO is the Director General. This is the title by which the CEO of the DoH is known except when he is exercising the functions and powers conferred on the CoH by legislation.
The Government is planning to introduce legislation to confer all functions and powers given to the CoH by legislation directly on the CEO of the DoH.
8.
The creation of the position of Director General has not affected the statutory responsibilities of the Commissioner of Health.
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