Maurice Hayes (Independent)

Their ideas were almost right and lasted for a long time. Like Senator Ryan, I think it is a shame that we are updating Victorian law but not the Victorian edifices in which people are required to carry out treatment.

Senators Ryan and Kett touched on an important point. I would be happier if the Mental Health Act 2001 had been fully implemented after we dealt with it, although I appreciate that it is not fully the responsibility of the Minister's Department. The treatment received by people after they have been assessed is hugely important, as is the work of the Mental Health Commission. There is a real danger that certain people could as easily end up in either a mental hospital, a prison or the gutter. It is almost a lottery. Different professional groups and agencies solve their problems by defining people in different ways. An effort should be made to remove limbo in the system where people can be placed because they are deemed untreatable. As Senator Ryan said, this is a grey area and there is no perfect solution.