I’m told that once-upon-a-time in regional New South Wales you could find yourself locked up in a secure mental health facility just on the say so of a family member backed up by the word of a GP who hadn’t actually seen or talked to you.
The only hope you had of getting out from under this form of domestic violence (if the trick cyclist on duty didn’t believe you) was to speak with the visiting magistrate.
Now it seems the bad old days are returning:
“You, or anyone in NSW, could be picked up by the police and held in detention for up to one month without any form of judicial review. This could happen at any time, even though you have committed no crime. These are not the latest draconian anti-terror laws nor are they laws targeting asylum seekers. This is a legal framework that is directed at you and me, or it will be if we are unlucky enough to occasionally suffer a severe mental illness…. The act places restrictions on psychiatrists' power. It says that "as soon as practicable" after someone is admitted involuntarily to hospital, their case must be heard by an independent umpire. Until June, the umpire was a magistrate who came to the hospital every week. The magistrate saw every patient who had been detained and psychiatrists had to justify that deprivation of liberty to the magistrate. In June though, the umpire became a lawyer from the Mental Health Review Tribunal and, instead of visiting the hospital, he or she started appearing by audiovisual link. Whereas patients detained in hospital would previously have an automatic review within a week or so, now that would not happen until they had been locked up three or four weeks. The words "as soon as practicable" were suddenly interpreted to mean "within about a month" and many patients would now be involuntarily admitted and eventually released without ever having their detention independently checked.”
Shame, Premier Keneally, Shame!
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