Legal Responsibilities

The Community Visitor Program aims to safeguard the rights and health of community members whose mental health problems limit their capacity to access existing complaint mechanisms. The Program is established pursuant to Part 14 of the Mental Health and Related Services Act (NT) 1998 (the Act).

The jurisdiction of the Northern Territory Community Visitor Program includes all treatment facilities and treatment agencies approved under the Act.

The Department with responsibility for mental health services is the Department of Health and Community Services. For management purposes, the provision of these services is provided through two major entities: Top End Mental Health Services; and Central Australian Mental Health Services. The Top End Mental Health Services (TEMHS) covers the geographical area north of Elliott and the Central Australian Mental Health Services (CAMHS) covers the area from Elliott to the SA border.

Location of Approved Treatment Facilities and Agencies

Approved Treatment Facilities

The Minister has approved both the Royal Darwin Hospital and the Alice Springs Hospital as approved treatment facilities under subsection 20(1)(a) of the Act. These hospitals are considered to have conditions and staffing levels sufficient to provide an appropriate standard of treatment and care to people admitted as involuntary patients under the Act.

Royal Darwin Hospital

The inpatient facility for Top End Mental Health Services is located within the grounds of the Royal Darwin Hospital. It Is called the TEMHS Inpatient Unit, and consists of two main wards; Cowdy Ward and the Joan Ridley Unit.

Cowdy Ward is an open ward and caters for both voluntary and involuntary patients with acute psychiatric problems.

The Joan Ridley Unit is designed for people with acute psychiatric problems who need a very secure environment. People staying in the Joan Ridley Unit must be admitted involuntarily under the Act.

Alice Springs Hospital

The inpatient facility for Central Australia Mental Health Services is located at Alice Springs Hospital and is known as the Mental Health Unit. The Mental Health Unit caters for people with acute psychiatric problems. People may receive treatment in the Mental Health Unit as either voluntary or involuntary patients.

Approved Treatment Agencies

Community Mental Health Services are provided through two entities, Top End Mental Health Services and Central Australian Mental Health Services. Community Services include services for children and adolescents; adult mental health and forensic services; education and training programs; consultation liaison services to the Royal Darwin and Alice Springs Hospitals and rural and remote services.

Principal Community Visitor

On the 25^th November 2002, the Hon Jane Aagaard, the Minister for Health, Family and Community Services, appointed Tony Fitzgerald, the Anti-Discrimination Commissioner, to be the Principal Community Visitor.

The Broad Functions of the Principal Community Visitor are Set Out in Section 102 of the Act and are as Follows:

to establish standards and principles by which Community Visitors and Community Visitors Panels are to function and the protocols to give effect to this;
to oversee the preparation and circulation of publications to approved treatment facilities and approved treatment agencies, and to the public generally, that explain the role of the Community Visitors and Community Visitors Panels and how they can be contacted;
to ensure that Community Visitors and Community Visitors Panels exercise their powers and perform their functions inaccordance with the established principles, standards and protocols;
to establish Community Visitors Panels as required by the Act or when required by the Minister; and
to ensure that each approved treatment facility and approved treatment agency is inspected by a Community Visitors Panel at least every 6 months.

Community Visitors

The Principal Community Visitor has appointed the Manager of the Community Visitor Program, a Conciliator from the Anti-Discrimination Commission and a community member as Community Visitors in Darwin. Community Visitors are:

Judy Clisby (Manager of the Community Visitor Program);
Simon Wiese;
Marilyn Starr; and
Jennifer Devlin

Mark O'Reilly has been appointed Community Visitors in Alice Springs. He can be contacted by phoning the central Community Visitor phone number.

Community Visitors have a distinctly different role to that of the Community Visitors Panel. A Community Visitor's role is to identify and resolve consumer problems as a consequence of regular and informal visits to approved facilities and agencies. By contrast the Community Visitor Panels undertake regular inspections of agencies and facilities. The Panels' role is to examine more systemic administrative and procedural issues.

The Role of the Community Visitor is Set Out in Sections 104 to 107 of the Act

In broad terms the Community Visitor has monitoring, inspection, inquiry and complaint handling functions. The visits of Community Visitors to the facilities and agencies can be self-initiated, in response to a direction from the Minister and in response to a request from a person.

A Community Visitor May Inquire Into and Make Recommendations About:

the adequacy of services for assessing and treating persons in approved treatment facilities or by approved treatment agencies;
the standard and appropriateness of facilities for the accommodation, physical well being and welfare of persons receiving treatment or care at approved treatment facilities or by approved treatment agencies;
the adequacy of information relating to rights of persons receiving treatment at approved treatment facilities or by approved treatment agencies;
the accessibility and effectiveness of complaint procedures under Part 13 of the Act;
the failure of persons employed in approved treatment facilities or by approved treatment agencies to comply with the Act;
any other matter that a Community Visitor considers appropriate having regard to the principles and objectives of this Act; and
any other matter as directed to the Principal Community Visitor by the Minister.

The Community Visitor must refer to the Principal Community Visitor any matter that the Community Visitor considers should be investigated by a Community Visitors Panel.

In Addition to Their General Inquiry and Inspection Functions Community Visitors Also Have a Role In:

Receiving and resolving complaints from consumers;
Assisting consumers with using the Mental Health Services internal complaint mechanisms set out in Part 13 of the Act;
Using the review and appeal mechanisms set out in Part 15 of the Act (Mental Health Review Tribunal).

Community Visitors may take on these roles in the course of a visit to a facility or agency or after receiving a request from a consumer for a visit under section 108 of the Act.

In Carrying Out Their Duties, Community Visitors Have Extensive Powers Under The Act. These Include:

being able to visit an approved facility without notice at any time;
inspecting any part of the facility or premises of the agency;
visiting persons who are receiving treatment or care at the facility or premises of the agency;
inspecting documents or medical records relating to persons receiving treatment or care at the facility or from the agency; and
inspecting any records or registers required to be kept on or under the Act.

After every visit to a facility or agency, the Community Visitor must forward a report of the visit to the Principal Community Visitor (see section 109 of the Act).

The Act is silent on the frequency for which each facility or agency should be visited by Community Visitors. However it does state that Community Visitors can visit a facility or agency at any time and that, when directed by the Minister, they must visit the facility or agency at the times specified by the Minister (s.106).

Community Visitors' visits to facilities and agencies are more frequent, more informal and more flexible than the visits of the panels.

The Act also states that when a person who is receiving treatment or care at an approved facility or agency makes a request for a visit, the request must be forwarded to the Principal Community Visitor within 24 hours and the Principal Community Visitor must ensure that a Community Visitor visits the person within 48 hours from the request being received by the Principal Community Visitor.

Responsibility for Ensuring Access to Community Visitors will be Shared by Both the Community Visitor Program and Mental Health Services. Strategies will Include:

Regular visits to approved treatment facilities in Darwin and Alice Springs ;
Verbal and written information about the program being provided to consumers at the time of admission and on request;
Provision of a 1800 number for accessing the Program
— Ph: 1800 021 919
Display of the Community Visitor Program telephone number near telephones at the facilities and agencies;
Clear identification of Community Visitors;
Community Visitors and Panel Members making themselves readily accessible to consumers when they visit facilities and agencies;
The appointment of Community Visitors and Panel Members from diverse backgrounds (ethnicity, age, gender, disability and socio-economic status) where possible;
Quick response to requests from consumers for a visit from Community Visitors;
The use of interpreters where requested or required;
Periodic review of the program to identify access barriers and to develop and implement strategies to address them. Particular attention will be paid to access barriers involving location, culture, language, age, disability and education; and
Periodic review of the program to provide opportunities for input from consumers, carers, representatives, mental health services staff and other stakeholders.

Community Visitor Panel

In accordance with Part 14, Division 3 of the Act, a Community Visitor Panel has three members; a Legal Practitioner, a Medical Practitioner and a representative of an organisation that represents the interests of consumers. The Community Visitors Panel members are required as a group to visit the facility or agency to which they have been appointed not less than once every six months to monitor the adequacy of opportunities, treatment, services and information provided to persons receiving treatment or care.

Section 111 Sets Out The Duties of Members of Community Visitor Panels. On These Visits They Must Inquire Into:

the adequacy of opportunities and facilities for the recreation, communication with other persons, occupation, education, training and rehabilitation of persons receiving treatment or care at the facility or from the agency;
the extent to which persons receive treatment and care at the facility or from the agency in conditions that provide the least restrictive and the least intrusive environment enabling the treatment and care to be effectively given;
the adequacy of services for assessing, treating and caring for persons at the facility or by the agency;
the appropriateness and standards of facilities for the accommodation, physical well-being and welfare of persons receiving treatment and care at the facility or from the agency;
the adequacy of information provided by the facility or agency about the complaints procedures and other rights under this Act;
the accessibility and effectiveness of internal complaints procedures of the facility or agency;
any failures of persons employed by the facility or agency to comply with this Act;
any other matter that the panel consider appropriate having regard to the principles and objectives of this Act; and
any other matter that is referred to it by the Minister or the Principal Community Visitor.

In Addition, the Community Visitors Panel May:

inspect any part of the facility or the premises;
visit any person who is being treated or cared for at the facility or by the agency;
inquire into the admission, detention, care, treatment and control of persons being treated or cared for at the facility or by the agency;
inspect documents or medical records relating to persons being treated or cared for at the facility or by the agency; and
inspect any other records or registers required to be kept by or under this Act at the facility or by the agency

After every visit to a facility or agency, the chairperson of the panel must forward a report of the visit to the Principal Community Visitor (see section 112 of the Act).

Anti-Discrimination Commission

Northern Territory Government