John Minihan (Progressive Democrats)

I join previous speakers in welcoming the Minister and congratulating him, yet again, on bringing forward legislation. The amount of legislation the Minister has before both Houses is a reflection of his commitment to his new position. When one hears we are amending and repealing laws going back some time, and this legislation has been around since 1978, it is of some concern that we have waited so long to modernise an area that clearly is in need of modernisation. When one considers the whole area of mental health and the improvements that have been made in diagnosis and in treatment, it is right and fitting that such treatments, such diagnosis and such new expertise be brought into line with the judicial and legal process.

If the Bill is ever tested I hope the Minister will not suffer the same fate as Sir Robert Peel and that we will be able to test it in the Houses rather than in that manner. The Bill takes into account the overlap between the criminal justice elements and the need to have regard to the treatment aspects of mental health legislation, particularly concerning the matters which the court must take into account when considering the options available to it in determining fitness or unfitness to be tried. The Minister has outlined to the House the new process.

Without going into the legal definitions, I wish to refer to the whole area of assessment. To make this a success we have to ensure that whatever legal process is in place will be workable with the medical profession and, in particular, psychiatrists who will have to formulate assessments. That is one area where there may be conflicting views by some of the medical people. It would be a shame if this Bill failed to work in certain areas because of professional differences between lawyers and medical experts.

Senator Henry referred to the person treating the patient. One has to consider the interests of the person treating a mentally ill patient from a medical perspective as opposed to a person assessing a patient from a legal perspective and the scope for a conflict of interest. It is important to maintain independence in that area.