Statutes Amendment (Attorney-General’s Portfolio and Other Justice Measures) Bill
7 February 2023
Ms CLANCY (Elder) (11:25): I rise today in support of the Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Bill. This bill seeks to amend 16 acts, a few of which I would particularly like to highlight today. Much of the amendments contained within this bill are of a minor or technical nature, correcting obsolete references and improving efficiency.
I understand this bill seeks to implement the majority of the remaining amendments from the 2021 portfolio bill, which was introduced by the previous state government, but did not pass before the end of their term. I also just want to acknowledge the member for Heysen for your work in this area. As part of their consultation toward that bill, and consequently this one, I wish to thank the numerous stakeholders who contributed their time, expertise and passion into improving our legal system.
I will begin by bringing your attention to part 13 of this bill, which seeks to amend the Mental Health Act 2009. This simple amendment clarifies that South Australians subject to short-term treatment orders are not entitled to legal representation in every case. Community treatment orders play an integral role in supporting the mental health and wellbeing of those in need in our community. These orders provide a legal way for South Australians to receive treatment for a mental illness when they are unable to agree to treatment and may not be safe. Such an arrangement will only take place when there are no less restrictive ways of ensuring that appropriate treatment is received and that person is safe.
Those who are on treatment orders have access to a comprehensive range of treatments, based on the best available evidence about what is most effective for an individual's mental illness. This treatment is provided at a specific place at regular intervals. Only a psychiatrist or authorised medical practitioner can decide what treatment is necessary, and these orders cannot be used to enforce treatment of other illnesses.
The Legal Services Commission of South Australia administers a legal representation scheme free of charge to all persons subject to an order under appeal as per section 84 of the Mental Health Act. This section of the act could be argued to currently read that for every review or appeal, or application for permission for review or appeal, of any community treatment order, the person to whom the proceedings relate is entitled to legal representation. This may even include automatic reviews of short-term treatment orders.
Currently, the South Australian Civil and Administrative Tribunal conducts automatic initial reviews under section 79 of the Mental Health Act, on the basis of written reports and treatment plans. These reviews are simply not the same as a review instigated by an aggrieved party. They are instead an important internal review included as an initial safety measure.
Legal representation during an initial internal review is counterproductive, potentially delaying reviews and may result in South Australians being detained on short-term treatment orders for longer periods of time than necessary. While treatment orders are integral to supporting the mental health of those in need in our community, we do not wish to see those in need being detained on short-term treatment orders a day longer than they medically need to be. This amendment does not affect reviews that are effectively appeals against earlier decisions, such as those under sections 81 and 83 of the Mental Health Act.
Of the 15 other acts this bill seeks to amend, 14 are committed to the Attorney-General. I recently had the pleasure of hosting our Attorney-General for a community meeting in Colonel Light Gardens. Whilst the rotunda in Light Place Reserve as well as some icy poles did provide some relief from the mid-summer heat, a scorching 37° was not enough to restrict local residents from turning out in numbers to have a chat with our Attorney-General.
So many important issues were raised, and thought-provoking ideas discussed, from criminal justice reform to introducing a First Nations Voice to the South Australian parliament. It became abundantly clear that many in our community are excited about the Malinauskas Labor government's reform agenda.
Our government is continuing to fulfil the promises we made to the people of South Australia last year. Already we have passed legislation, as per our election commitment, to strengthen Carly's Law and increase penalties on a range of child sex offences, and we have legislated to protect and strengthen our Nunga Courts so that they have a formal and recognised place in our justice system.
Established as the first of their kind in Australia, the Nunga Courts are Aboriginal sentencing courts available to Aboriginal offenders who plead guilty to some offences. They focus on the inclusion of elders and respected persons in the sentencing process, and are seen to increase the efficacy of the process and reduce recidivism.
This bill joins a long list of legislation and amendments we have introduced in less than 12 months since we came to government. It continues the important work of ensuring that our laws are up-to-date and express the values of social justice and equality that South Australians stand proud of.
In keeping with our government's commitment to reforming a justice that better reflects the people of this state, I was so proud to see the Attorney-General appoint the first Aboriginal people to the judiciary in South Australia's history. I appreciate that it may come as a surprise to some that an Aboriginal person has never presided over a court in South Australia or the colony that preceded it, and I also acknowledge that for others this has taken far too long. My sincerest and wholehearted congratulations go to Lana Chester and Natalie Browne, both Aboriginal women, who were appointed to the office of magistrate, commencing in their new roles just last week.
To be it, you must see it. It is of the utmost importance that our parliaments, our courts, our political and legal systems look like and talk like the communities they serve. These appointments are merited, and they are important. Lana Chester has more than 25 years' experience in criminal law, and is currently working with the Legal Services Commission of South Australia. Natalie Browne has almost 20 years' experience in criminal law, and she is also currently working with the Legal Services Commission.
Appointments such as these go a long way to improving social and criminal justice in South Australia. Bills such as these, although minor and technical in nature, build part of a broader improvement to our legal system, a legal system that is efficient, fair, balanced and representative. That is what the people of South Australia are asking for, and is what we are striving to deliver to them. I commend this bill to the house.
