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1 ATTACHMENT 7 STRUCTURE OF MENTAL HEALTH ADVOCACY SERVICE: EQUIVALENTS IN OTHER JURISDICTIONS OVERVIEW All other jurisdictions in Australia, as well as New Zealand, have established bodies that offer individual and/or systemic advocacy. This document compares the structure of those bodies, together with staffing, insurance, scope of liability and, in some cases, budget. Key issues are that these bodies are established within various pieces of legislation that exist within the jurisdiction; they are located within a range of agencies; and some advocates are paid while others are volunteers.

2 SOUTH AUSTRALIA Mental Health Act 2009: Community Visitors Scheme Overall responsibility and accountability held by Minister for Mental Health and Substance Abuse. Located within Dept Health - ED of MH and Substance Abuse within Dept Health. Advisory Committee provides advice and support to Principal CV, and monitors and evaluates the CV Scheme. Advisory Committee includes Public Advocate, Health and Community Services Complaints Commissioner, Equal Opportunity Commissioner, Chief Psychiatrist, CV representatives, consumer and carer representatives, and representative from private and public treatment centres. Advisory committee members appointed by Principal CV. Principal CV: employed in paid position, appointed by the Governor for fixed term. CVs: volunteers appointed by the Governor for fixed term, work according to their availability (19 CVs in ). Other staff: two paid employees (of Dept Health) to coordinate CVs and provide administrative support. Payment All CVs (exclusive of Principal CV) are volunteers. Volunteers are reimbursed for expenses in accordance with a written reimbursement procedure. Volunteers receive full insurance protection (unclear, but likely to include personal accident insurance, public liability insurance, professional indemnity insurance, motor vehicle insurance, and risk management). No express exclusion from liability.

3 NORTHERN TERRITORY Mental Health and Related Services Act 2009: Community Visitors Program CVs and CV Panel Members Overall responsibility and accountability held by Minister for Children and Families. Located within the Anti-Discrimination Commission. ADC located within Dept Justice and reports directly to the Attorney-General. CVs and CV Panel Members choose between being employed or appointed. They can be employed on a special contract by the NT Public Service, or appointed as a subcontractor. Some (currently two) CVs are employees of the Anti-Discrimination Commission (appointed under PSMA). Principal CV: is always the Anti-Discrimination Commissioner appointed by Minister for Children and Families, fixed term. Manager CVP: employed, paid, full time, permanent, reports to Principal no statutory function, also a CV. CVs: appointed by Minister for Children and Families, fixed term, report to Manager individual advocacy. Panels: panel of medical practitioner, lawyer and community member provide systemic advocacy Chair appointed by Principal CV, paid, fixed term, report to Manager. Others: admin support staff provided by Anti-Discrimination Commission, report to Manager. Payment Employees: sessional, on NT Public Service payroll tax is deducted and a group certificate is issued; reimbursed for expenses. Subcontractors: sessional, no group certificate, person makes claim for payment and is issued a statement of payment 50% tax deduction unless the person has an ABN; reimbursed for expenses. Employees are covered by public sector insurance. Subcontractors are responsible for their own insurance when conducting a visit. No express exclusion from liability.

4 VICTORIA Mental Health Act 1986: Community Visitors Program covers MH services, disability services and health services Overall responsibility and accountability held by Minister for Mental Health. Located within the Office of the Public Advocate, which is located within Dept of Justice. CV Board MH Stream consists of Chair, two MH stream Board members (and others from disability and health services). Appointed by election of CVs to represent CVs, publish documents, supervise and train CVs, and report to Public Advocate. Chair CV Board: Public Advocate. CVs: Volunteers who work with OPA, appointed by Governor. 66 CVs in Victoria in MH stream (500 total in disability). Payment All CVs (exclusive of Chair) are volunteers. Volunteers are reimbursed for expenses. Partial insurance protection, level varies in each region. No express exclusion from civil liability. VICTORIA Exposure Draft Mental Health Bill 2012: Community Visitors Program MH Stream No structural changes from current (Vic) Act.

5 TASMANIA Mental Health Act 1996: Official Visitors Overall responsibility and accountability held by Minister for Mental Health. Administrative support from, and oversight by, Ombudsman and Health Complaints Commissioner (same person). Funded by MH services. Transferred from Mental Health Council of Tas, an NGO, in Independent from Dept of Health and Human Services, and its MH Branch, being MH and Statewide Services. Coordinator: Health Complaints Commissioner/Ombudsman. Manager: employed part time. OVs: employed part time, appointed by Governor for fixed term. Admin assist: employed part time. Same staff administer both the Prison OV Scheme and the MH OV Scheme purpose was to provide single management structure, admin efficiency and combined training. 14 OVs in CVs receive full insurance protection. Express exclusion from civil liability for actions or omissions in good faith.

6 TASMANIA Exposure Draft Mental Health Bill 2012: Official Visitors Overall responsibility and accountability held by Minister for Health. Hansard re Bill states that OV Scheme will continue to be located within Office of the Ombudsman.

7 NEW SOUTH WALES Mental Health Act 2007: Official visitors Overall responsibility and accountability held by Minister for Mental Health. Located within Ministry of Health (Mental Health and Drug and Alcohol Office). Director-General of Dept Health may direct an inspection at any time. OVs Advisory Committee established by Minister in Nominated by OVs and appointed by Principal OV. Principal OV: paid, appointed by Minister for fixed term. OVs: paid, appointed by Minister for fixed term. All OVs receive full insurance protection and exclusion from civil liability.

8 AUSTRALIAN CAPITAL TERRITORY - Mental Health (Treatment and Care) Act Children and Young People Act Official Visitor Act 2012 applies to Mental Health (Treatment and Care) Act Public Advocate (Official Visitor) Bill 2012 (passed June 2012, not yet assented to). Overall responsibility and accountability with Minister for Health. Located within Dept Health. There is also provision for appointment of OVs under the Children and Young People Act Overall responsibility and accountability with Children and Young People Commissioner (within Human Rights Commission). Budget Dept Health funds the MH OV Scheme $74,000 per annum. IT and communications $15,000 per annum. and payment No equivalent to Chief MH Advocate. OVs appointed by Minister for Health for fixed term. Paid $70 per hour, higher outside visiting hours, work 8-10 hours per month, reimbursed for expenses up to specified limits. Full insurance. Mental Health (Treatment and Care) Act 1994 expressly excludes OVs from civil liability. Official Visitor Act 2012 expressly excludes OVs from liability.

9 QUEENSLAND Guardianship and Administration Act 2009; Commission for Children and Young People and Child Guardian Act 2000: Community visitors (not established under MHA 2000) Located within the Office of the Adult Guardian, which is within Dept of Justice and the Attorney General (the same body). There is also provision for appointment of CVs under the Commission for Children and Young People and Child Guardian Act No equivalent to Principal. CVs (adult): paid, appointed by CEO of the Dept of Justice and the Attorney-General to particular sites, fixed term, under Guardianship and Administration Act 2009, not Public Service Act 2008 CVs (children): paid, appointed by the Commissioner for Children and Young People, fixed term, under Commission for Children and Young People and Child Guardian Act 2000, not Public Service Act Payment Sessional per 15 minute block. Monthly subsidy for expenses. Workers Compensation Act 2003 requires CEO to take out and maintain workers compensation insurance re each CV. Express exclusion from civil liability in Guardianship and Administration Act 2009 and Commission for Children and Young People and Child Guardian Act 2000.

10 NEW ZEALAND Mental Health (Compulsory Assessment and Treatment) Act 1992: District inspectors (lawyers individual advocacy) and official visitors (systemic advocacy) Located within Ministry for Health (formerly Dept Health), under Director of MH. No equivalent to Chief/Principal. OVs: appointed by Minister for Health, paid, fixed term. Senior advisory DI: appointed by Minister for Health, paid, fixed term. DIs: appointed by Minister for Health, paid, fixed term. Payment DIs: paid at part-time (not casual) rate, plus reimbursement for travel expenses. OVs: paid at casual rate, plus reimbursement for travel expenses. Mental Health (Compulsory Assessment and Treatment) Act 1992 expressly excludes liability for actions or omissions in good faith. Silent on insurance.

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