A submission on the issues raised by the review of New South Wales Mental Health Act 2007 (original) (raw)

"The authors provide a number of recommendations that will better protect patient rights, whilst providing a framework to better protect people who are vulnerable in certain circumstances. This will be achieved by legislation that is centred around a presumption of decision­‐making capacity, facilitates supported decision‐making wherever decision-­‐making capacity is impaired, and encourages voluntary treatment wherever possible. Where people are unable to make their own decisions, even with support, substituted decision­‐making should be permissible in circumstances where the will and preference of the person is the paramount consideration, with the goal of supporting and enhancing the person’s overall wellbeing. The recommendations also take account of community concerns about the safety of others where people with mental illness are thought to present a risk of violence to persons."