XN000022-1988-12-14 — Page 10

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WEDNESDAY, DECEMBER 14, 1988

TRIBUNAL IMPORTANT FOR SAFEGUARDING CIVIL LIBERTIES

*

THE MENTAL HEALTH REVIEW TRIBUNAL WHICH COMMENCES OPERATION EARLY NEXT YEAR WILL BE AN IMPORTANT SAFEGUARD AGAINST INFRINGEMENT ON THE CIVIL LIBERTIES OF MENTAL PATIENTS.

THE HON ROSANNA TAM SAID THIS IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY) WHEN SPEAKING IN SUPPORT OF THE MENTAL HEALTH REVIEW TRIBUNAL RULES 1988.

MRS TAM SAID THE TRIBUNAL WOULD SERVE AS AN APPEAL FOR PERSONS DETAINED IN A MENTAL HOSPITAL OR THE PSYCHIATRIC OF THE CORRECTIONAL SERVICES DEPARTMENT.

CHANNEL CENTRE

IT WOULD ALSO SERVE AS AN APPEAL CHANNEL FOR PERSONS PERMITTED то BE ABSENT FROM THESE INSTITUTIONS FOR A TRIAL PERIOD CONDITIONALLY DISCHARGED, AND FOR PERSONS ADMITTED TO GUARDIANSHIP.

OR

THE

THE TRIBUNAL WOULD HAVE FULL AUTHORITY TO DEAL WITH ALL CASES SUBJECT TO ITS REVIEW, INCLUDING THE POWER TO DISCHARGE PATIENTS EITHER ABSOLUTELY OR CONDITIONALLY.

MRS TAM SAID A LEGCO AD HOC GROUP WHICH EXAMINED THE RULES PROPOSED THREE AMENDMENTS, AND THESE HAD BEEN ACCEPTED BY

ADMINISTRATION.

THE FIRST AMENDMENT WAS THAT EXCEPT WITH THE CONSENT OF CHAIRMAN OF THE TRIBUNAL, THE SECRETARY SHOULD SEND OUT NOTICE OF APPLICATION FOR REVIEW WITHIN 14 DAYS OF HIS RECEIPT OF APPLICATION.

HAD

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"THIS WILL ENSURE THAT THE SECRETARY WILL CARRY OUT HIS DUTIES WITH DESPATCH, SHE SAID.

THE SECOND AMENDMENT PROVIDED THAT IF A PATIENT SO REQUESTED, AND THE TRIBUNAL WAS SATISFIED THAT IT WAS NOT CONTRARY ΤΟ PATIENT'S INTERESTS, THE TRIBUNAL SHOULD SIT IN PUBLIC.

THE

THE THIRD AMENDMENT WAS TO DO AWAY WITH THE REFERENCE IN THE ORIGINAL RULES REGARDING THE VIEW OF THE COMMISSIONER OF POLICE ON THE SUITABILITY OF A PATIENT FOR ABSOLUTE DISCHARGE.

FELT

MRS TAM SAID THE AD HOC GROUP, OF WHICH SHE WAS CONVENER, THAT TO DETERMINE WHETHER OR NOT A PATIENT WAS SUITABLE FOR ABSOLUTE DISCHARGE SHOULD BE THE PREROGATIVE OF THE TRIBUNAL.

SHE SAID THAT WITH THESE AMENDMENTS THE RULES WOULD PROVIDE A USEFUL CODE OF PROCEDURE FOR THE TRIBUNAL TO FOLLOW.

"BUT AS THE TRIBUNAL IS A NEW ESTABLISHMENT, THE EFFECTIVENESS OF WHICH HAS YET TO BE ASSESSED, THE GROUP HAS SUGGESTED THAT THERE SHOULD BE AN ADMINISTRATIVE REVIEW OF ITS WORKINGS, * SHE SAID.

BE

THE ADMINISTRATION HAD AGREED TO THIS, AND A REVIEW WOULD UNDERTAKEN ABOUT 18 MONTHS AFTER COMMENCEMENT OF THE TRIBUNAL'S OPERATIONS.

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