(i) Standards and accountability
- This statement recognises that services of a high standard facilitate the planning with, and the referral, assessment, support, care, treatment, rehabilitation and recovery of, mental health consumers.
- Australian governments have the responsibility to:
- fund, administer and coordinate high-quality, integrated, recovery-focused and accountable services
- develop, implement and review explicit standards for all sectors of service delivery that are consistent across states and territories and ensure such standards have operational criteria by which they can be assessed
- encourage, promote and evaluate a continuous culture of quality improvement among services and for service outcomes to meet standards
- provide access to mechanisms of complaint and redress regarding standards of service delivery
- provide services that are subject to quality assurance, to identify inadequacies and to ensure standards are met
- ensure there are adequate levels of professionally trained and qualified staff in mental health services
- ensure a capacity for, and a commitment to, the maintenance and further development of staff knowledge and skills
- provide optimal work conditions to staff providing mental health services
- provide ongoing training and a safe and supportive work environment to staff providing mental health services.
- Mental health consumers, families, carers, support persons and service providers should be involved in the development and regular review of standards and should be informed and consulted about proposed changes to services and standards.
(ii) Mental health legislation
- This statement recognises that mental health and related legislation in each state and territory should protect the rights and support the responsibilities contained in this statement. This includes relevant Commonwealth legislation such as those regulating privacy and freedom of information.
- Australian governments have the responsibility to review and update mental health and related legislation at regular intervals. They should consider adopting mental health legislation that:
- complies with international human rights principles
- is capacity-based
- recognises advance instructions.
- The review process should consider the views and opinions of mental health consumers, families, carers, support persons, service providers and others who are involved with mental health service delivery.
- Mental health legislation should be underpinned by consistent principles that support, wherever possible, mental health consumers moving between jurisdictions.
(iii) Mental health and forensic matters
- Mental health consumers who come into contact with the criminal justice system, including the forensic mental health system, may have special needs in relation to the law. This should include consideration of their ability to comprehend and take responsibility for their actions at the time of the misdemeanour.
- Australian governments have the responsibility to ensure the law does not discriminate against mental health consumers in the criminal justice or the forensic mental health system.
- Mental health consumers who come into contact with the criminal justice or the forensic mental health system have the right to access:
- specialist justice programs that respond to their mental and physical health needs where this is reasonable and appropriate
- referral, assessment, individualised care planning, support, treatment, rehabilitation and services that facilitate or support recovery
- their carers and support persons.
- Australian governments have the responsibility to adopt legislation and develop policies that:
- protect and promote the rights of mental health consumers in the criminal justice and forensic mental health system
- support the movement of mental health consumers between jurisdictions to meet their personal needs and that those movements are made with minimal interruptions to their care.