Shifting the landscape of SA鈥檚 mental health laws

Dr David Plater, Elaine Marinas, Olga Pandos, Rachel Tan and Isabella Quek

SALRI researchers L to R: Dr David Plater, Elaine Marinas, Olga Pandos, Rachel Tan and Isabella Quek

The independent South Australian Law Reform Institute (SALRI), based at the 成人大片, has made important recommendations for reforms to improve mental health laws in South Australia.

The final review, , has made a total of 61 recommendations to reform law and practice as well as 11 suggestions regarding key issues recurring throughout consultation that fall outside the formal terms of reference of the review.

SALRI was asked by the State Government to undertake an independent statutory review of the Mental Health Act 2009 (SA), which must happen every five years.

The 成人大片鈥檚 Professor John Williams AM, Director of SALRI, said:

鈥淥ur review carefully considered the laws governing mental health and its wider implications in both policy and practice.

鈥淥ne of the main considerations was to safeguard and promote the human rights of consumers, while also providing clear frameworks, processes and roles for all parties involved.鈥

SALRI鈥檚 recommendations include to:

  • Update language to reflect rights-based and modern practice;
  • Ensure the criteria to impose a treatment order remain appropriate;
  • The decision-making capacity of a consumer is safeguarded and the implementation of supported decision-making;
  • Address the complex intersection between mental health and the use of illicit drugs and/or alcohol;
  • Increase the relevance of laws to children, adolescents and older persons;
  • Promote Aboriginal mental health and implement culturally responsive and appropriate services;
  • Improve data collection and analysis;
  • Retain the role of SA Police and continue the operation of the co-response model;
  • Establish a statutory Mental Health Commissioner role;
  • Clarify the roles of bodies including the Chief Psychiatrist, Community Visitor Scheme, the Mental Health Commissioner and the Health and Community Services Complaints Commissioner; and
  • Establish a framework to translate guiding principles into practice and an accountability mechanism for non-compliance.

The final recommendations and suggestions followed extensive consultation, including 149 written submissions and 76 contributors to the public YourSAy site.

SALRI also held 42 individual meetings, both in person or online, in metropolitan and regional South Australia.

鈥淥ne of the main considerations was to safeguard and promote the human rights of consumers, while also providing clear frameworks, processes and roles for all parties involved.鈥 Professor John Williams AM

成人大片 PhD candidate Olga Pandos was the lead author, researcher and project manager of the review and emphasised the importance of reviewing the Mental Health Act.

鈥淢ental health law reform requires close attention to the human rights of the consumer鈥 Ms Pandos said.

鈥淭he Act鈥檚 guiding principles serve as a foundation underpinning mental health law in South Australia and as an important symbolic function. However, if these principles are not translated into practice, this may prevent a consumer from receiving care and treatment which is person-centred and reinforced by effective accountability mechanisms.鈥

Ms Pandos noted that although access to services, resourcing and quality of mental health services were not within the scope of the current review, these issues have been addressed in suggestions outside the formal recommendations.

鈥淎ccess to services is primarily a resourcing and funding issue. In the absence of this, it may hinder effective, best-practice treatment for each person,鈥 she said.

鈥淪ALRI鈥檚 conclusions ensure that South Australia remains a leader in mental health reform.鈥

The 成人大片鈥檚 Associate Professor David Plater, Deputy Director, SALRI said the inclusive consultation process was a crucial pillar of the review.

鈥淭his report draws on the efforts of researchers and co-authors, as well as SALRI鈥檚 active and inclusive consultation process

鈥淪ALRI is committed to ensuring an inclusive process and meaningful participation for consumers, consumer groups, people with a disability and experts, with a specific focus on regional communities and Aboriginal mental health.

鈥淚t is this wide consultation that led to the additional 11 suggestions that fall outside the formal terms of reference of the review, but were raised as important by those who contributed to our review.

鈥淲e would like to thank the many parties who generously contributed in various ways to this important review.鈥

Following the release of SALRI鈥檚 review by the Minister for Health and Wellbeing, Chris Picton, it will be for the South Australian Government and Parliament to consider SALRI鈥檚 recommendations.

鈥淚 thank the South Australian Law Reform Institute for its significant contribution in compiling this report to help us ensure that our mental health laws are up to date and the best they can be,鈥 Minister Picton said.听

鈥淲e need to get the balance right for our mental health laws 鈥 ensuring we prioritise wellbeing and rights of consumers, and protection and appropriate treatment.

鈥淭he Government will now consider the recommendations and work on what the next steps will be, in consultation with key mental health groups and consumers.鈥

For more information about the South Australian Law Reform Institute, please visit

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