Aspects of Mental Health Act 1990 in New South Wales Australia.

The Mental Health Act 1990 replaced the 1958 Act and brought in many innovations which will be discussed. Mental illness is now defined therein but to be mentally ill under the Act additional criteria of being a danger to oneself or others has to be fulfilled. As a result many patients who are obviously suffering from a mental illness but not posing a danger cannot be compulsorily detained in hospitals and treated, much to the frustration of doctors, other staff and carers. The legislators had the view that a person has the right to go silently mad. Obviously such patients will not admit themselves voluntarily as Informal patients. Were it not for a certain vocal consumer group (Manic Depressive Self Help Group) who strongly lobbied the politicians to force changes to the Act (to specify that a person suffering from a severe disturbance of mood and who arising out of such disturbed mood could bring on serious financial harm or serious damage to his/her reputation could also be detained and treated) a significant number of maniacs (who weren't posing a serious risk of harm to themselves or others) would have gone untreated with disastrous consequences. The new Act creates a new category of Mentally Disordered Person (no matter what the underlying stresses/precipitants may be a person who poses a temporary serious risk of harm to himself or others) where such person can be admitted and treated for up to 3 working days. All mentally ill or mentally disordered persons have to have certification from at least one psychiatrist and one other doctor. The mentally ill persons have to be finally seen by a magistrate at a hearing at the hospital and the magistrate can either order adjournment, detention for up to maximum of 3 months or discharge. Appeal provisions to Mental Health Tribunal and Supreme Court exist. The Act also contains guidelines for the use of E.C.T. and medication. Whilst a useful piece of legislation, obviously it is not without problems. It sets out to protect (with measurable success) the rights of the mentally ill but some of its restrictive provisions deny many mentally ill persons a basic right (the right to prompt and early treatment) and cause great anguish to affected families and mental health professionals.