Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

Victorian Law Reform Commission
Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper
National principles
2.110 The National Mental Health Policy 2008 is part of the National Mental Health Strategy and
was developed and endorsed by the Commonwealth and State and Territory governments
with one of its aims being to assure the rights of people with a mental disorder. 115 The
Fourth National Mental Health Plan: An agenda for collaborative government action in
mental health 2009–2014 supports this strategy and provides ‘an overarching vision and
intent for the mental health system in Australia and embeds the whole of government
approach to mental health reform’. 116
2.111 The National Statement of Principles for Forensic Mental Health aims ‘to provide cohesion
and credibility so that optimal diagnosis, treatment and rehabilitation can be provided
to clients of forensic mental health services’. 117 This document contains 13 principles that
cover a range of topics including the rights and responsibilities of patients and service
providers, safety of patients, access to services, service quality and effectiveness, ethical
standards, workforce skills and transparency and accountability in decision making.
2.112 The Commonwealth’s Mental Health Statement of Rights and Responsibilities was
developed in 1991 to ensure that ‘consumers, carers, advocates, service providers and the
community were aware of their rights and responsibilities’. 118
2.113 Many changes in the law and clinical practice have occurred since the statement was
developed and a review was therefore initiated to ensure it reflects contemporary mental
health care and human rights law. The revised Mental Health Statement of Rights and
Responsibilities was released in 2012. The revised statement provides that:
Mental health consumers who come into contact with the criminal justice or the forensic
mental health system have the right to access:
(a) specialist justice programs that respond to their mental and physical health needs
where this is reasonable and appropriate
(b) referral, assessment, individualised care planning, support, treatment, rehabilitation
and services that facilitate or support recovery
(c) their carers and support persons. 119
2.114 The Principles for Recovery Oriented Practice are contained within the National Standards
for Mental Health Services 2010 and aim to ensure that mental health services are being
delivered in a way that supports the recovery of mental health consumers. 120
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115 Commonwealth of Australia, National Mental Health Policy 2008 (2009).
116 Commonwealth of Australia, Fourth National Mental Health Plan: An agenda for collaborative government action in mental health 2009–
2014 (2009) ii.
117 Australian Health Ministers Advisory Council, Mental Health Standing Committee, National Statement of Principles for Forensic Mental
Health (2006).
118 Commonwealth of Australia, Mental Health Statement of Rights and Responsibilities (1991).
119 Commonwealth of Australia, Mental Health Statement of Rights and Responsibilities (2012), 27.
120 Commonwealth of Australia, National Standards for Mental Health Services, 2010, 42.