FINES and penalties for neglecting patients are less than those for mistreating animals under proposed WA mental health laws, Simone McGurk has told state parliament.

“Similarly, the criminal threshold for mistreating an involuntary patient is actually lower and less well described than for harming animals,” the Fremantle Labor MP said. “I look forward to hearing what the government says about that comparison.”

Under the proposed bill, tabled in October, patient neglect attracts penalties of up to $15,000 and two years’ imprisonment. Animal neglect attracts up to $50,000 and five years’ imprisonment.

In a February 25 letter to WA mental health minister Helen Morton, the mental health law centre says the disparity is a “sad indictment of the influence of the power of involuntary patient advocacy vis a vis animal welfare advocacy”.

It notes proposed offences outlined in the bill are likely to cause harm and exacerbate illness, and suggests introducing a statutory compensation rate per day of unlawful detention to avoid patients having to seek expensive and often prohibitive legal action.

Ms McGurk’s other concerns include the ability of a medical practitioner without a psychiatric qualification to work as a psychiatrist for any function under the act; the loss of a patient’s right to elect to have a lawyer represent them at tribunal reviews; and the lack of an express requirement for anyone, including a maker of an involuntary treatment order or treating psychiatrist, to consult the patient’s choice of practitioner.

A breakdown of the bill can be viewed at http://www.mhlcwa.org.au.

by CARMELO AMALFI