Mr. Gary Kiernan:

Senator Flynn asked about what the change should look like. As my colleague said, we do not have powers. This is why we really need a new mental health Act. The 2001 Act comes from a very different time with a very different approach. We want a mental health Act that is informed by all of the principles of the UNCRPD. We also need those regulations that fit under it to be much more specific about residents' rights in situations such as those described by Senator Flynn. As another layer, we need a statutory safeguarding framework. This is not in place at present for people in mental health services. It would vastly improve their rights in situations such as those described by Senator Flynn. We have examples from throughout the country of very good decongregation in other health and social care sectors. I have worked in disability services where we have very good examples of people moving from outdated institutions into appropriate community settings. They are advocating for these and choosing them. They are asking to be part of them. The regulatory framework and structure is much different from what we have. This is what we are calling for.