Ms Kate Mitchell:

I thank the Senator for raising this issue. He may be aware that Mental Health Reform has advocated consistently for approximately two years for full reform of the Mental Health Act. We had positive news in July when the Department of Health sent draft legislation in that regard to the Mental Health Commission. The hope is the commission will review it by Christmas and that it can then proceed. The issue raised by the Senator is among those that will be addressed in full reform of the legislation. We 100% support the need to reform it to ensure 16 and 17 year olds are presumed to have the capacity to consent and refuse admission and treatment in mental health inpatient units. An array of other issues pertaining to young people attending hospital need to be addressed also. Full reform of the legislation is an immediate priority if we are to ensure the rights of people, including the young, are adequately protected.