Submissions

Submissions by MHCC on behalf of members and the sector

In consultation with the sector, MHCC responds to policy and legislative reform through submissions to both State and Commonwealth governments, departments and human service agencies.

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NSW Department of Justice: Defences and Partial Defences Consultation

MHCC has provided comment to the Defences and Partial Defences: Consultation Paper, which is part of the ongoing review of the NSW Mental Health Forensic Provisions Act. The matters discussed included issues surrounding the way ‘special verdicts’ are dealt with as well as finalising terminology that better expresses the objects of the Act.

July 2019

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Draft NSW Mental Health Regulation 2019

The Regulation includes a range of provisions that support the NSW Mental Health Act. MHCC were asked to review the draft amendments to the Regulations to be appealed in September 2019. Whilst substantially the same MHCC commented on a few changes that we believed could be further clarified.

June 2019

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5 Year Statutory Review: NSW Civil and Administrative Tribunal Act 2013

MHCC urged the Department of Justice to maintain a number of features to NSW Guardianship hearings which other jurisdictions in Australia have dropped. We believe these elements are critical to better enabling people with complex conditions, their families and support persons to participate in hearings; supported by tribunal members who have the skills to make appropriate guardianship and administrative orders.

June 2019

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Productivity Commission Inquiry into Mental Health

After consulting members, our submission focused on community-managed mental health sector delivery of psychosocial support services in NSW. It also commented on broader issues concerning the interface between sectors and the NDIS, NDIS workforce and service gaps. The submission argues the mental health system needs more resources and a shift in emphasis from hospital treatment towards prevention, early intervention and community based support. It makes 11 recommendations, including that funding and policy ensures a skilled and community based mental health workforce.

April 2019

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Definitions of Mental Health Impairment and Cognitive Impairment: Consultation Paper

MHCC provided comment to NSW Department of Justice on defining Mental Health Impairment and Cognitive Impairment, agreeing with the position that amendments to the Mental Health (Forensic Provisions) Act 1990 should not specifically refer to personality disorders as either in or out, to avoid excluding people from genuinely needed opportunities to be diverted or to receive a NGMI finding.

March 2019

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Special Commission Inquiry into the Drug ‘Ice’ – Terms of Reference

The Special Commission of Inquiry will inquire into, and report on the nature, prevalence and impact of ice in NSW; the adequacy of existing measures to tackle ice in NSW; and options to strengthen NSW’s response to ice, including law enforcement, education and treatment/rehabilitation responses. MHCC provided feedback on the draft Terms of Reference consultation process.

December 2018

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Maximising the participation in guardianship proceedings: Draft guidelines

In general MHCC supported draft Guidelines that aim to maximise participation of the represented person in Australian Tribunals. Whilst the Guidelines are written for Tribunal Members, they also need to be clear to participants and their support persons. Tribunal Members need to know who can provide support to the participant prior to a hearing and whose role it is to ensure this is offered.

December 2018

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Department of Justice: Review of the Disability Inclusion Action Plan

MHCC responded to review of section 12 of the Disability Inclusion Act which requires public authorities to develop a Disability Inclusion Action Plan, to ensure people with disability have access to Department of Justice services and full participation in the community. MHCC supports the rights of people with disability to participate in society, access information, live free from violence and to have diverse needs respected.

September 2018

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