Legislation

Contributed by Paula Parentich and current to 1 September 2005

The Mental Health Act 1996 (WA) (“the Act”) commenced operation in November 1997. The purpose of the Act is:

• to ensure people with mental illness receive the best care and treatment with – the least restrictions to their freedom;and
– the least interference with their rights and dignity; and
• to ensure proper protection of patients and the public; and
• to minimise the adverse effects of mental illness on family life.

DEFINITION OF MENTAL ILLNESS

The Act states that a person has a mental illness if he or she “suffers from disturbance of thought, mood, volition, perception, orientation or memory that impairs judgement or behaviour to a significant extent.” A person does not have a mental illness only because he or she:

• holds or refuses to hold a particular religious, philosophical or political belief;
• is sexually promiscuous;
• has a particular sexual preference;
• engages in immoral or indecent conduct;
• has an intellectual disability;
• takes drugs or alcohol; or
• demonstrates anti-social behaviour.

AUTHORISED HOSPITALS

An authorised hospital is a hospital, or part of a hospital, which has been declared authorised by the Office of the Chief Psychiatrist at the Department of Health Western Australia. Only authorised hospitals can receive involuntary patients.

OTHER STATE SERVICES

Other services include community clinics which treat both voluntary and involuntary patients in the community. There is also a crisis response service, the Psychiatric Emergency Team (PET).

PRIVATE HOSPITALS

Private psychiatric hospitals must be licensed under the Hospitals and Health Services Act 1927 (WA). The licence can be revoked if its terms and conditions are not met. Some private hospitals, such as Joondalup Health Campus, are authorised to receive involuntary patients.

All private hospitals are required to observe the provisions outlined in Division 3 of the Act in relation to prohibited treatments, psychosurgery and electro-convulsive therapy (ECT).

OTHER PRIVATE AND COMMUNITY-OPERATED SERVICES

There are a number of other services which cater for people living with a mental illness, including hostels. These are privately owned and managed. Some receive financial support from the Department of Health. Accommodation services must have suitable facilities and adequate arrangements for management, equipment and staffing. Requirements vary according to the services offered.

Other services are run by self-support agencies, carer groups, churches, counselling services and private psychiatrists. Depending on the services provided and the purpose of the organisation, they may not be regulated.

The Act recognises the importance of voluntary and self-help groups and it is a function of the Minister for Health to promote the development of these organisations.

PSYCHIATRISTS

Only psychiatrists can make a person subject to an involuntary order. The Office of the Chief Psychiatrist at the Department of Health holds a register of all psychiatrists.

The Chief Psychiatrist is the person ultimately responsible for the medical care and welfare of all psychiatric patients in the State.