Report No. 9, 55th Parliament – Mental Health Bill 2015 and Mental Health (Recovery Model) Bill 2015

Committee Report

On 5 May 2015, the Member for Caloundra, Mr Mark McArdle MP introduced the Mental Health (Recovery Model) Bill 2015 into the Queensland Parliament as a Private Members’ Bill.

View: Mental Health (Recovery Model) Bill 2015

View: Explanatory Notes 

View: Introductory Speech 

On 17 September 2015, the Minister for Health and Minister for Ambulance Services, the Hon. Cameron Dick MP introduced the Mental Health Bill 2015 into the Queensland Parliament.

View: Mental Health Bill 2015

View: Explanatory Notes

View: Introductory speech

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, both Bills were referred to the Health and Ambulance Services Committee (the Committee) for consideration. The Committee report to parliament on 24 November 2015.

View: Report No.9, 55th Parliament - Mental Health Bill 2015 and Mental health (Recovery Model) Bill 2015

View: Erratum to Report No.9, 55th Parliament - Mental Health Bill 2015 and Mental health (Recovery Model) Bill 2015

Objectives of the Bills

The Bills have similar purposes, as set out in their respective Explanatory Notes.

The primary purpose of the Bills is to improve and maintain the health and wellbeing of persons with a mental illness who do not have the capacity to consent to treatment.

The Bills also enable people to be diverted from the criminal justice system if found to have been of unsound mind at the time of an alleged offence, or to be unfit for trial.  The Bills also aims to protect the community if people diverted from the criminal justice system may be at risk of harming others.

A summary of the key differences between the Bills is available here.

Other Bills

Mental Health Bill 2014 (Lapsed)

The former Minister for Health, the Hon Lawrence Springborg MP introduced the Mental Health Bill 2014 (the 2014 Bill), into the Parliament on 27 November 2014.  The 2014 Bill was referred to the former Health and Community Services Committee for consideration.  The former committee received a public briefing on the 2014 Bill from the Health Department (11 December 2014) and received 11 submissions from stakeholders.

The 2014 Bill, Explanatory Notes, transcript of the briefing and submissions on the 2014 Bill can all be accessed on the former committee’s website – here.  On the dissolution of the 54th Parliament on 6 January 2015, the 2014 Bill lapsed and was removed from the Notice Paper.

Background and prior consultation

Mental Health Bill 2014 (lapsed)

The former Minister for Health, the Hon Lawrence Springborg MP introduced the Mental Health Bill 2014 (the 2014 Bill), into the Parliament on 27 November 2014.  The 2014 Bill was referred to the former Health and Community Services Committee for consideration.  The former committee received a public briefing on the 2014 Bill from the Health Department (11 December 2014) and received 11 submissions from stakeholders. 

The 2014 Bill, Explanatory Notes, transcript of the briefing and submissions on the 2014 Bill can all be accessed on the former committee’s website – here.  On the dissolution of the 54th Parliament on 6 January 2015, the 2014 Bill lapsed and was removed from the Notice Paper.

The 2014 Bill was reintroduced by the Member for Caloundra, Mr Mark McArdle MP, as the Mental Health (Recovery Model) Bill 2015, which is substantially the same as the 2014 Bill and is currently before the Committee.

The current Committee will have regard to submissions on the 2014 Bill when considering the current two Bills.

Mental Health Bill 2015

On 5 May 2015, the Minister for Health and Minister for Ambulance Services, the Hon. Cameron Dick MP informed the Legislative Assembly of the Government’s intentions in relation to Mental Health reform.  The Minister’s statement can be accessed here (on page 282).

An exposure draft of the Mental Health Bill 2015 was released for consultation by the Government (not the Committee) and went through a consultation process which closed on 26 June 2015.

The Committee currently does not have access to the submissions to the Government as part of the Government’s consultation process.

Submissions, Public Hearings and Public Briefings

Submissions closed Friday, 16 October 2015 - see "view submissions" tab above.  

The Committee held a public briefing on the Government Bill from the Department of Health on Wednesday, 14 October 2015, and also invited the Member for Caloundra to brief the Committee on the Private Members Bill, the same day.  The transcript can be viewed under the Related Publications tab. 

The Committee held a public hearing on Wednesday, 28 October 2015.  The transcript can be viewed under the Related Publications tab.  

The Committee held a public briefing on Monday, 9 November 2015 with the Department of Health.   The transcript can be viewed under the Related Publications tab.

The Committee held a public briefing on Monday, 23 November 2015. The (proof) transcript can be viewed under the Related Publications tab.

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