Published Monday, 11 December, 2006 at 02:51 PM
JOINT STATEMENT
Minister for Health
The Honourable Stephen Robertson
Premier and Minister for Trade
The Honourable Peter Beattie
BETTER AND MORE SUPPORT FOR VICTIMS IN MENTAL HEALTH REFORM
The State Government will immediately take steps to better support victims of violent offences and their families in a reformed forensic mental health system, Premier Peter Beattie and Health Minister Stephen Robertson said today.
Mr Beattie said Cabinet considered the Review of the Mental Health Act 2000 report prepared by former CMC Chair Brendan Butler which contains more than 100 recommendations in relation to forensic mental health patients (those charged with committing offences) and their victims.
“We will build a system that is more compassionate to victims of crime perpetrated by people with a mental illness,” Mr Beattie said.
“I am determined to see our Mental Health Court, Mental Health Review Tribunal and Government services take a much more sensitive and humane approach to these victims and other individuals personally affected by these offences.
“The whole system needs to give these people the support they need to effectively cope with their ordeal and continue their lives in a safe and productive way.
“That is why one of the first bills we will move on next year will be to amend the Mental Health Act 2000 to create a clearer focus on victims.
“We will also work to reduce unwanted delays in the legal process so victims can feel a sense of closure much earlier than what is currently the case.
“Among many other recommendations, we will also seriously consider:
• Providing statewide victim support services for Mental Health Court matters; and
• developing a register to better facilitate information flow to victims and a register of victims to assist relevant agencies in identifying those they need to assist and support.”
Mr Beattie said his Government called for the Review in May after public concerns about mental health patients charged with an offence being granted leave as part of their treatment. There was also concern about the level of support and information available for their victims.
“This is perhaps the most sensitive and challenging area of Government because across several departments we must balance two competing, yet equally important interests.
“We must balance the right of mental health patients to safe, clinically appropriate and effective treatment in a confidential manner and the right of victims of crime to information about the offender, compassionate and respectful treatment, protection and support.
“I welcome Mr Butler’s report which carefully strikes a fair and balanced representation of those competing interests through a thorough examination of the extremely complex forensic mental health system.
“It acknowledges that the Queensland Government has committed substantial funding to expand mental health services over the next five years through the Health Action Plan.
“It also found that the Act is widely regarded by the mental health and legal profession and academics as ‘the most progressive and innovative framework for the delivery of mental health services to involuntary patients in Australia.’ “
“As such, the Review does not propose a major overhaul of the Act but does make 106 recommendations across five broad areas:
• Provision of information and support to victims;
• Forensic mental health legal processes;
• Risk management practices in relation to forensic mental health patients;
• Community awareness of the mental health system and the legal process; and
• Intellectual disability and forensic processes.”
Mr Robertson said while many recommendations were minor and related to simple administrative changes between agencies, there was a clear emphasis on victims.
“In reading today’s report, it is obvious that in looking after the needs of forensic mental health patients and their families, the system has left many victims feeling marginalised, frustrated and helpless and that is clearly not the intent of the Act,” he said.
“I believe we can swing the pendulum back towards victims without compromising the care and safety of patients and we will gear the system to achieve that objective.
“We have only received the report today and many recommendations carry financial implications that will need to be further considered before fully committing to them.
“There are also many departments affected by the proposals including Queensland Health, Department of Justice and Attorney-General, Department of Communities and the Queensland Police Service so a whole-of-government response will need to be developed over the next few months.
“However, we can indicate our immediate support for a number of initiatives including:
• Amending the Act’s purpose to require community protection and the needs of victims to be taken into account in relation to forensic patients;
• Amending the title of ‘non-party submission’ (made to the Court or the Tribunal) in the Act to ‘statement by a victim or interested person’;
• Requiring the Director of Public Prosecutions (not the Attorney-General) to be the decision maker in the administrative determination of charges;
• Clarifying the role of the Attorney-General’s representative in the Mental Health Review Tribunal to represent the public interest;
• More timely information from the Office of the Director of Public Prosecutions and the Queensland Police Service to Queensland Health regarding offences and whether victims are involved. This would allow the necessary documentation to be provided to the Court faster and those requiring counselling and other assistance to be identified earlier;
• Providing a clear statement of purpose for statements by a victim or interested person; and
• Enabling the Mental Health Court Registry to provide a copy of the statement by a victim or interested person to the authorised mental health service and Mental Health Review Tribunal.”
Mr Beattie said the Government would consider the report in full, including the financial implications of the recommendations.
“A final Government response to the report will be provided on the implementation of all recommendations following the 2007-08 Budget,” he said.
“A high level Steering Committee chaired by the Department of Premier and Cabinet has been operating to support Mr Butler’s Review team and it will continue to oversee the implementation of the recommendations.”
The full report can be accessed via the Review website at: www.reviewmha.com.au.
Media inquiries: Premier’s office 32244500
Minister Robertson’s office: Joshua Cooney 3234 1185
11 December, 2006
Mr Beattie said Cabinet considered the Review of the Mental Health Act 2000 report prepared by former CMC Chair Brendan Butler which contains more than 100 recommendations in relation to forensic mental health patients (those charged with committing offences) and their victims.
“We will build a system that is more compassionate to victims of crime perpetrated by people with a mental illness,” Mr Beattie said.
“I am determined to see our Mental Health Court, Mental Health Review Tribunal and Government services take a much more sensitive and humane approach to these victims and other individuals personally affected by these offences.
“The whole system needs to give these people the support they need to effectively cope with their ordeal and continue their lives in a safe and productive way.
“That is why one of the first bills we will move on next year will be to amend the Mental Health Act 2000 to create a clearer focus on victims.
“We will also work to reduce unwanted delays in the legal process so victims can feel a sense of closure much earlier than what is currently the case.
“Among many other recommendations, we will also seriously consider:
• Providing statewide victim support services for Mental Health Court matters; and
• developing a register to better facilitate information flow to victims and a register of victims to assist relevant agencies in identifying those they need to assist and support.”
Mr Beattie said his Government called for the Review in May after public concerns about mental health patients charged with an offence being granted leave as part of their treatment. There was also concern about the level of support and information available for their victims.
“This is perhaps the most sensitive and challenging area of Government because across several departments we must balance two competing, yet equally important interests.
“We must balance the right of mental health patients to safe, clinically appropriate and effective treatment in a confidential manner and the right of victims of crime to information about the offender, compassionate and respectful treatment, protection and support.
“I welcome Mr Butler’s report which carefully strikes a fair and balanced representation of those competing interests through a thorough examination of the extremely complex forensic mental health system.
“It acknowledges that the Queensland Government has committed substantial funding to expand mental health services over the next five years through the Health Action Plan.
“It also found that the Act is widely regarded by the mental health and legal profession and academics as ‘the most progressive and innovative framework for the delivery of mental health services to involuntary patients in Australia.’ “
“As such, the Review does not propose a major overhaul of the Act but does make 106 recommendations across five broad areas:
• Provision of information and support to victims;
• Forensic mental health legal processes;
• Risk management practices in relation to forensic mental health patients;
• Community awareness of the mental health system and the legal process; and
• Intellectual disability and forensic processes.”
Mr Robertson said while many recommendations were minor and related to simple administrative changes between agencies, there was a clear emphasis on victims.
“In reading today’s report, it is obvious that in looking after the needs of forensic mental health patients and their families, the system has left many victims feeling marginalised, frustrated and helpless and that is clearly not the intent of the Act,” he said.
“I believe we can swing the pendulum back towards victims without compromising the care and safety of patients and we will gear the system to achieve that objective.
“We have only received the report today and many recommendations carry financial implications that will need to be further considered before fully committing to them.
“There are also many departments affected by the proposals including Queensland Health, Department of Justice and Attorney-General, Department of Communities and the Queensland Police Service so a whole-of-government response will need to be developed over the next few months.
“However, we can indicate our immediate support for a number of initiatives including:
• Amending the Act’s purpose to require community protection and the needs of victims to be taken into account in relation to forensic patients;
• Amending the title of ‘non-party submission’ (made to the Court or the Tribunal) in the Act to ‘statement by a victim or interested person’;
• Requiring the Director of Public Prosecutions (not the Attorney-General) to be the decision maker in the administrative determination of charges;
• Clarifying the role of the Attorney-General’s representative in the Mental Health Review Tribunal to represent the public interest;
• More timely information from the Office of the Director of Public Prosecutions and the Queensland Police Service to Queensland Health regarding offences and whether victims are involved. This would allow the necessary documentation to be provided to the Court faster and those requiring counselling and other assistance to be identified earlier;
• Providing a clear statement of purpose for statements by a victim or interested person; and
• Enabling the Mental Health Court Registry to provide a copy of the statement by a victim or interested person to the authorised mental health service and Mental Health Review Tribunal.”
Mr Beattie said the Government would consider the report in full, including the financial implications of the recommendations.
“A final Government response to the report will be provided on the implementation of all recommendations following the 2007-08 Budget,” he said.
“A high level Steering Committee chaired by the Department of Premier and Cabinet has been operating to support Mr Butler’s Review team and it will continue to oversee the implementation of the recommendations.”
The full report can be accessed via the Review website at: www.reviewmha.com.au.
Media inquiries: Premier’s office 32244500
Minister Robertson’s office: Joshua Cooney 3234 1185
11 December, 2006