The South Australian Law Reform Institute (SALRI) has completed and publicly released its independent statutory review of the operation of the Mental Health Act 2009 (SA). The Report is now with the State Government for its consideration and response. The Report is available on the SALRI website here and the YourSAy website here.
The Report is expected to be tabled in Parliament at the end of May. The MHCSA participated in the consultation which was extensive and appreciates the process of engaging SALRI as an independent institution to consult, research and write the report.
According to its Terms of Reference, SALRI was not to examine the provision or delivery of mental health services. However SALRI acknowledges that was often raised in consultation and there are very real issues and needs in this area. While issues beyond the scope of this review were not addressed in SALRI’s recommendations they have made a number of suggestions in addition to its formal recommendations.
Based on its wide consultation, multi-disciplinary research and its Terms of Reference, this Report makes 61 recommendations for changes to law or practice to clarify and improve the operation of the Act and the functioning of several bodies under the Act. SALRI’s recommendations reflect a shift toward a more positive rights-based Act, including a focus on supported decision-making, respecting individual autonomy and the presumption of decision-making capacity of consumers. SALRI has also made 11 suggestions for changes to present practice.
One of the learnings from our colleagues in Victoria is that highly detailed documents with recommendations need careful attention to implementation. We look forward to working with the Government and relevant agencies in implementing the findings for the benefit of people using mental health services in South Australia.
You can read the final report here.
