South Australians are being asked to have their say to help inform proposed changes to mental health laws in the State.
The Discussion Paper released today is part of a response prepared by the Office of the Chief Psychiatrist (OCP) to an independent statutory review of the Mental Health Act 2009 (the Act).
The review, undertaken by the South Australia Law Reform Institute, based at the University of Adelaide, made a total of 61 recommendations to reform law and practice. It also considered 11 key issues that fell outside the formal terms of reference of the review, but were raised as important by those who contributed.
Through the release of the Discussion Paper, OCP is seeking community feedback on a number of areas of the Act including:
* A greater focus on wellbeing and prevention strategies reflected in the Objects of the Act
* A focus on human rights – including how a person can be supported to make decisions wherever possible rather than have others make decisions for them
* Changed guiding principles written in a positive rights-based language
* Further safeguards for children and young people who are subject to mental health treatment orders
* Promoting Aboriginal mental health, implementing culturally responsive and appropriate services and including a new Statement of Recognition of Aboriginal people that informs care
* Providing clearer frameworks, processes and roles, including a clearer structure for Community Treatment Orders.
Consultation via YourSAy will be open until 21 December 2023. The feedback received will be used to inform the development of a draft Bill to make amendments to the Mental Health Act 2009.
For more information and to provide feedback visit YourSAy Mental Health Act Review –
Information sessions will be held, including by the Lived Experience Leadership and Advocacy Network to ensure voices of people with a lived experience of mental distress are amplified within this important piece of work.
As put by Chris Picton
We need to get the balance right for our mental health laws – ensuring we prioritise wellbeing and rights of consumers, and protection and appropriate treatment.
The Discussion Paper provides an opportunity for all South Australians to consider what changes should be made regarding clear frameworks, good service provision and the right policies and training to support people now and in years to come.
This Government is making a generational investment into mental health services in this State so people can access the appropriate supports and services they need.
Reforming this legislation will be the next step in making real change for people experiencing mental distress.
As put by South Australian Mental Health Commissioner, Taimi Allan
This law reform may be the most important legislation for human rights in a generation and the decisions cannot be left to bureaucrats and clinicians, but must be led by the community.
Every one of us will be affected at some point by this law, either personally or via family and friends, which is why it’s not just important, but essential that every South Australian has their say.
The Act is unique legislation in its ability to override a person’s choice about their health care.
It’s vital that people administering the Act, but also and most particularly people with lived experience and their families and carers, contribute their wisdom so that new legislation meets the needs of people seeking wellness and upholds their power and dignity.
As put by Chief Psychiatrist, Dr John Brayley
The South Australian Law Reform Institute’s extensive and detailed report was based on extensive consultation with the community and the sector.
Feedback is now sought on SALRIs recommendations that aim to uphold rights and improve quality by having an up-to-date Mental Health and Wellbeing Act for South Australia.
My office welcomes this opportunity to align mental health legislation with contemporary mental health and human right-based practice and encourages South Australians to have their say.
Since the release of the review and in development of the Discussion Paper, we’ve undertaken preliminary consultation with a number of stakeholders and are now encouraging South Australians, particularly consumers, carers, and clinicians to provide feedback through this process.
