The Australian Psychological Society (APS) is pleased to have been invited by the South Australian Law Reform Institute (SALRI) to provide a submission into its review of the Mental Health Act 2009 (MHA).
The APS recognises the importance of this statutory review as part of ensuring that the MHA fulfils its objectives, including to bring about the best therapeutic outcomes for patients, and, as far as possible, their recovery and participation in community life.
The APS believes that the creation of a recovery-oriented and rights-promoting mental health regulatory framework in South Australia should be guided by the psychological research and evidence and a recognition of the specialist contribution of psychologists in the public mental health system.
In our submission, the APS recommends that:
- Provisions in the MHA relating to decision-making capacity, advance care directives and shared decision-making be revised to affirm the capacity of people to make decisions about their treatment, including with support from others;
- The MHA recognise that psychologists have an important contribution to recovery-oriented treatment under the legislation, and that psychological therapies should be given equal status and consideration as psychiatric treatments;
- The MHA recognise the role of psychologists in limiting and eliminating the use of coercive and restrictive practices, including through the availability of preventative psychological interventions and in the provision of trauma-informed treatment and support; and
- The MHA create the statutory role of a Chief Psychologist, who would work alongside the Chief Psychiatrist to monitor and promote continuous improvement in the delivery of mental health services under the MHA. This would include the ability for the Chief Psychologist to issue binding standards informed by the latest psychological research and clinical best practice.
SALRI’s review will be one important step in improving the experience of South Australians who receive treatment under the MHA. Legislative reform must also be supported by the appropriate design, funding and implementation of mental health services, including the effective use of the psychological workforce in South Australia.
The APS looks forward to working closely with the South Australian government so that best practice services can be delivered in partnerships that will lead to enhanced mental health care for all South Australians.
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