ABC Premium News (Australia)
CANBERRA, Australia — The ACT Government is considering a series of changes to the mental health act which could see ambulance paramedics given the authority to arrest people with mental illnesses in emergency situations.
Chief Minister Katy Gallagher says the proposed amendments to the ACT Mental Health (Treatment and Care) Act 1994 would clarify the powers of paramedics if they are the first to respond to a mental health crisis.
“At the moment those powers [for emergency apprehension and transport to hospital] are largely provided by the police,” Ms Gallagher said. “But quite often ambulance officers can find themselves in the situation where that needs to occur, but they don’t have the legislative base for that. This provides them with that.”
Opposition Leader Jeremy Hanson says the Canberra Liberals are concerned about what the changes will mean for paramedics on the road.
“It is a fine line,” Mr Hanson said. “It’s good to make sure that the first responders on a scene can actually act, and have powers to do that. But we don’t want to have a situation where paramedics are put in harm’s way, doing potentially what the police are trained to do, and paramedics aren’t trained and equipped to do.”
The amendments also include proposed advanced agreements for those receiving treatment and changes to how a person is deemed unfit to stand trial for a criminal offence.
Ms Gallagher says the Government has looked closely at ensuring human rights are respected in the legislation, along with the right to safety.
“We’ve tried to have a balance on rights, that the legislation should be rights based,” she said. “That treatment should be provided in the least restrictive environment, that we should have voluntary access to treatment for people. But we also need to balance that with the need to protect people from people who are mentally unwell if that needs to happen.”
The Government has released a second exposure draft of legislation for consultation, and a bill is expected to be introduced in the Legislative Assembly later this year.
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