The SA Department of Health and Wellbeing is inviting feedback on proposed amendments to the Consent to Medical Treatment & Palliative Care Act 1995 and the Mental Health Act 2009. These proposed amendments are very similar to those which were provided for consultation in 2017 but which were unable to be progressed at the time.
The amendments to the Consent Act are designed to clarify the powers of health staff in regard to the use of restrictive practices when treating and assessing patients who meet certain criteria.
The proposed changes will enable a person who meets these criteria to be treated for the condition causing/underlying the risk of harm and any other illness or injury arising from the harm. Protections are provided for the patient by requiring consent to be sought, limiting the time period for which someone may be subject to restrictive practices to up to 24 hours and providing the person concerned with a written notice about their rights.
A consequential amendment to the Mental Health Act is also proposed which will enable illness or injury arising from the person’s mental illness to be treated without consent.
The Bill also updates the Act by enabling the scope of practice of other health practitioners to be recognised by enabling these health practitioners (currently Nurse Practitioners and Paramedics) to be included in relevant provisions in the Act.
The draft Bill and information about the proposed changes can be found on the YourSAy website.
Feedback about the proposed changes can be provided directly to HealthPolicyLegislation@sa.gov.au or via the YourSAy website.