Question On Notice No. 187 asked in the Legislative Council on 15 August 2017 by Hon Alison Xamon
Question Directed to the: Parliamentary Secretary representing the Minister for Health
Parliament: 40 Session: 1
Question
I refer to the review of the Mental Health Act 2014, and I ask:
(a) will the Minister please table the scope of review;
(b) will the Minister please table the evaluation framework which will be used to undertake the review;
(c) will the original Mental Health Act implementation working group meet during the review process in order to inform the work of the review;
(d) if no to (c), why not;
(e) will the Minister please provide the intended timeline for the review; and
(f) which organisations or individuals will be conducting the review?
Answered on 12 September 2017
I am advised that:
(a) The Mental Health Commission (MHC) is undertaking a two-year Post-Implementation Review (PIR) of the Mental Health Act 2014 (the Act). This review is a requirement of the Regulatory Gatekeeping Unit (RGU), Department of Treasury. The RGU has advised that the review should focus on whether the objects set out in Part 3 of the Act are being achieved.
(b) The RGU is assisting the MHC to undertake the PIR in such a way that it will facilitate ongoing monitoring and evaluation, and contribute to the five-year statutory review of the Act.
(c) In the undertaking of the PIR, the MHC has consulted extensively with a wide range of stakeholders, including government and non-government agencies, peak bodies, advisory groups and organisations representing consumers, families and carers, mental health clinicians and staff. Direct feedback from consumers, families and carers has also been sought by way of an online questionnaire.
Given the consultation process undertaken and requirements of the PIR, the Mental Health Bill Implementation Reference Group has not been reconvened for this process. However, many of the individuals and organisations consulted during the PIR process were members of the original Mental Health Bill Implementation Reference Group.
(d) The process for the five-year statutory review, to be determined subsequent to the completion of the PIR, will be extensive, comprehensive and involve broad public consultation. Consideration will be given to re-convening the Mental Health Bill Implementation Reference Group at that time.
(e) The PIR report is due to be submitted to the RGU by 30 November 2017. The statutory review is to commence as soon as practical after five years of the Act’s operation, which will occur on 30 November 2020.
(f) A PIR is generally conducted by the Department administering the legislation with ongoing review by, and assistance from, the RGU. The PIR has been conducted internally by the MHC in consultation with the RGU. The conduct of the five-year statutory review is yet to be determined.