Indigenous Social Justice Association & Justice Action Mental Health Act Review Submission.
Indigenous Social Justice Association & Justice Action Mental Health Act Privacy/Carers Submission.
Review of the Mental Health Act 1990 - discussion paper
Indigenous Social Justice Association & Justice Action Mental Health Act Review Submission
1. We contend that the wording of the objects unnecessarily contrasts civil and other rights with effectiveness of treatment. It does not have to be a matter of balance, and in fact we suggest that real care is consistent with rights, dignity etc. The use of the word "control" (in this Section and throughout the whole Chapter) repeatedly with neither qualification nor mitigation leads to a strong impression that all people with psychiatric disabilities are always in need of 'policing' and restriction. We disagree totally and consider this to give rise to prejudicial attitudes and actions by the public and professionals related to perceptions and assumptions of dangerousness and lack of capacity.
Indigenous Social Justice Association & Justice Action Mental Health Act Privacy/Carers Submission
According to people with psychiatric disabilities, when a person's mode of thought is associated with an inability to cope within the manner that the society is set up, assistance, if given at all, is grudging, controlling, punitive. You must at least appear to conform, and even when you show complete subjugation, or even 'recover' according to the system's designated pattern, you will remain under suspicion and increased control for the rest of your life. It must be recognised that the patient is the most disempowered person, the one whose input is most likely to be disregarded and put down as a symptom. As such it is necessary to ensure their rights.
There is also a major problem in this society regarding the understanding of the concept of 'interdependence.'. It must be stated that most people with psychiatric disabilities do not have official 'carers', and that care, concern, assistance and advocacy is felt, shown and done by people with psychiatric disability for others close to them who do have similar problems and also for others who have different problems, as others do for them. Broader relationships on community and other levels also show interdependence. The relationship roles mostly acknowledged in society are those of personal independence and self sufficiency with no assistance, or dependence. Within dependent relationships are martyrs, worthy causes and the unworthy. We regard reliance on this analysis and conceptualisation of human relationships to be not spectacularly useful, and it is highly damaging to force such roles upon people, it is denigrating, and it is discriminatory. It is really important to recognise interdependence and to use this concept to ameliorate the conflicting/competing rights concepts and to prevent antagonism. Nothing in the above prevents general discussion, education and facilitating access to resources and organisations aimed at increasing a person's autonomy, and reducing socially constructed disability.
We believe that it is vital to respect the patient as a person. It should never be assumed that the person is incapable of considering a matter, forming an opinion and giving direction regarding the matter. This includes who is privy to information and who may be involved in admission, treatment, and discharge, in terms of Health and non-Health persons and the interaction of the two. There is generally a presumption that any patient with psychiatric disability lacks capacity. This is untrue. It is also untrue that a lack of capacity regarding one issue means that the patient may be regarded as lacking capacity in another or all issues. Issues need to be looked at on a case by case basis. We discuss global conceptions of capacity vs partial in the other submission.
Review of the Mental Health Act 1990 - discussion paper
This title was selected for preservation by the State Library of New South Wales and is archived regularly. The publisher's site may provide more information.
No. 2. The Mental Health Act, 1990 archived 16 Aug 2004
No. 1, Carers and Information Sharing archived 16 Aug 2004
Review of the Mental Health Act 1990
This discussion paper is designed to look at the general terms of the Mental Health Act 1990, focussing on operational and treatment issues. The Paper has separate sections on each Chapter of the Act, and seeks general comments on all aspects of the legislation as well as identifying specific areas where suggestions for reform have arisen in the past, or as part of preliminary consultation on this Paper.
By Justice Action and ISJA posted 17 January 05
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