❓ Dr. Walker questions who is responsible for issuing fines under specific sections of the Mental Health Act 2014, and requests data on fines issued in the past five years. The response clarifies the process and directs the questioner to the Minister for Police for data.
AnsweredQoN 2050Legislative Council
QuestionView source ↗
(1) Who is responsible for issuing/investigating/prosecuting fines under the Mental Health Act 2014 , particularly in relation to s.253 (Duty not to ill-treat or willingly neglect), s.229 (Bodily restraint must be authorised), and s.213 (Seclusion must be authorised): (a) in reference to (1), does the power rest with the Minister, or is it delegated to an agency? (2) How many fines have been issued in the past five years
under s.253: (a) if none, in reference to (2), when was the last such fine issued? (3) How many fines have been issued in the past five years under s.229: (a) if none, in reference to (3), when was the last such fine issued? (4) How many fines have been issued in the past five years
under s.213: (a) if none, in reference to (4), when was the last such fine issued?
under s.253: (a) if none, in reference to (2), when was the last such fine issued? (3) How many fines have been issued in the past five years under s.229: (a) if none, in reference to (3), when was the last such fine issued? (4) How many fines have been issued in the past five years
under s.213: (a) if none, in reference to (4), when was the last such fine issued?
AnswerView source ↗
Answered
18 June 2024
Responded by
Parliamentary Secretary to the Minister for Mental Health
Response time
10 days
1.Under the Mental Health Act 2014 (the Act), if the Health and Disability Services Complaints Office (HaDSCO) undertakes an investigation and deems an offence has occurred, it must be refered to the Western Australian Police Force for investigation and prosecution.
The Western Australian Police Force would undertake the investigations and prosecutions in accordance with the Criminal Procedure Act 2004 . The determination on whether an offence has occurred and the penalty to be imposed must be made by a Court of Law.
a) The Minister for Mental Health has no power in relation to issuing, investigating, or prosecuting fines.
2-4a. This information is not held by the Mental Health Commission. The Member should direct his question to the relevant Minister, being the Minister for Police.
The Western Australian Police Force would undertake the investigations and prosecutions in accordance with the Criminal Procedure Act 2004 . The determination on whether an offence has occurred and the penalty to be imposed must be made by a Court of Law.
a) The Minister for Mental Health has no power in relation to issuing, investigating, or prosecuting fines.
2-4a. This information is not held by the Mental Health Commission. The Member should direct his question to the relevant Minister, being the Minister for Police.
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