A bill that will repeal the current Mental Health (Compulsory Assessment and Treatment) Act 1992 has passed first reading in Parliament today, Mental Health Minister Matt Doocey says.
“As New Zealand’s first Mental Health Minister I am very pleased to introduce this Bill to the House. This Bill will modernise compulsory mental health care, improve the effectiveness of mental health and addiction support and will put people at the centre of decision-making about their own care,” Mr Doocey says.
The legislation will support care being delivered in a way that minimises coercion and is responsive to individual needs. It introduces far greater protections and safeguards, ensuring people understand what is happening to them and what they are entitled to when they are under the legislation.
In 2018 the He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction recognised the Act was out of date and recommended new legislation that reflects a human rights-based approach, promotes supported decision-making, aligns with the recovery and wellbeing model of mental health, and provides measures to minimise compulsory or coercive treatment.
“I am very pleased to introduce this Bill to the House and to be taking the next step in fulfilling the Inquiry’s recommendations.
The legislation will also contribute to an important part of the Government’s response to recommendations made by the Royal Commission of Inquiry into Abuse in Care.
“We are committed to delivering a considered and comprehensive response the Inquiry’s final report. This Bill will contribute to a number of the recommendations, the majority relate to care safety.
“This Government is focused on delivering an effective mental health and addiction continuum that puts people at the centre of their care. Making sure we have legislation that can support people who are experiencing the most acute mental distress is a key part of that.”
Note to editors:
The recommendations the Mental Health Bill will contribute towards include:
• Recommendation 39: Principles for preventing and responding to abuse and neglect in care
• Recommendation 46: reviewing legislation relating to the care of children, young people, and adults in care to identify and address any inconsistencies, gaps or lack of coherence in the relevant statutory regimes
• Recommendations 65: Complaints are responded to effectively
• Recommendation, 73, 74: Institutional environments and practices to be minimised and ultimately eliminated
• Recommendations 76, 78 and 80: People in care are empowered and supported
• Recommendation 114: Communities are empowered to minimise the need for out of whānau care
• Recommendation 118: Giving effect to te Tiriti o Waitangi and human rights