Request for Information relating to the Mental Health Act for my 'Campaign of Change'

[Name Removed at User's Request] (Account suspended) made this Freedom of Information request to Department of the Prime Minister and Cabinet

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Department of the Prime Minister and Cabinet.

[Name Removed at User's Request] (Account suspended)

Dear Department of the Prime Minister and Cabinet,

I am campaigning to make urgent and necessary changes to the Mental Health Acts in both the U.K and Australia. The changes I seek to make will ensure that the rights of the Individual are maintained during any action taken by the use of the Mental Health Act to their person and/or mind as a conscious process.

1. Could you let me know how many persons and in what age groups, gender and sexuality have been subjected to Electroconvulsive therapy for the period 2007-2017?

2. Could you let me know what are the Federal Guidelines for the application of the Mental Health Acts by State when used by their relevant Police Forces.

3. Could you let me know what authority and training the Australian Federal Police have and have had when making an assessment about a person Mental Health that could be passed onto for example the U.K's Counter Terrorism Branch SO15?

4. Could you let me know how many random checks of Mental Health Facilities are carried out by the Federal Government per year?

Yours faithfully,

[Name Removed at User's Request] [Name Removed at User's Request]

FOI, Department of the Prime Minister and Cabinet

5 Attachments

UNCLASSIFIED

Dear Mr [Name Removed at User's Request]

 

Thank you for your Freedom of Information request of 10 December 2017.

 

In order to take the initial steps in assessing your inquiry, we seek
clarification for items 2 to 4 please.

 

Item 2- Could you let me know what are the Federal Guidelines for the
application of the Mental Health [MH] Acts by State when used by their
relevant Police Forces.

•             Please specify a specific timeframe for the Federal
Guidelines concerning the application of MH Acts by State police forces?

•             Please confirm that you wish to limit your request to the
States and you are not seeking documents concerning territory legislation
and police practices as well?

 

Item 3- Could you let me know what authority and training the Australian
Federal Police [AFP] have and have had when making an assessment about a
person Mental Health that could be passed onto for example the U.K's
Counter Terrorism Branch SO15?

•             Do you intend this request to be any documents held by the
Department about the authorisation of the AFP under State legislation to
assess a person's mental health? You may wish to make this part of your
request into two separate elements.

•             For example, you could make the second element of the
request to be for any documents held by the Department about the training
that the AFP receives in order to assess a person's mental health under
state legislation.

·                You will need to specify a time period for documents held
by the department for any training the AFP has had (in the past) for
making assessments of a person’s MH under tate legislation.

 

Item 4 – Could you let me know how many random checks of Mental Health
Facilities are carried out by the Federal Government per year?

•             You will need to specify the period of time for which you
are seeking the information about checks of Mental Health Facilities.

•             Please tell us what you mean by mental health facilities in
your request.

 

I note that you have asked questions of the Department that may be best
directed to other agencies the Department may seek to transfer those
requests to those other agencies. Instead, you may wish to withdraw this
request and make requests to the Australian Institute of Health and
Welfare may be better placed to assist you in relation to questions 1 and
4, and the Australian Federal Police in response to questions 2 and 3.

 

We will not be able to start processing your request until this
clarification is provided, so we seek your response by Thursday 14
December, please.

 

Yours sincerely

 

 

Claire Pitham | Senior Adviser

Access and Administrative Review Section | Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

e. [1][email address] | w. [2]www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

 

[3]cid:image001.jpg@01D30607.6CF4DA00[4]cid:image002.jpg@01D30607.6CF4DA00[5]cid:image003.jpg@01D30607.6CF4DA00 [6]cid:image004.jpg@01D30607.6CF4DA00

 

 

[7]cid:image005.jpg@01D30607.6CF4DA00

 

 

 

 

-----Original Message-----
From: [Name Removed at User's Request] [Name Removed at User's Request] [mailto:[FOI #4248 email]]
Sent: Sunday, 10 December 2017 10:53 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Request for Information relating
to the Mental Health Act for my 'Campaign of Change'

 

Dear Department of the Prime Minister and Cabinet,

 

I am campaigning to make urgent and necessary changes to the Mental Health
Acts in both the U.K and Australia. The changes I seek to make will ensure
that the rights of the Individual are maintained during any action taken
by the use of the Mental Health Act to their person and/or mind as a
conscious process.

 

1. Could you let me know how many persons and in what age groups, gender
and sexuality have been subjected to Electroconvulsive therapy for the
period 2007-2017?

 

2. Could you let me know what are the Federal Guidelines for the
application of the Mental Health Acts by State when used by their
relevant  Police Forces.

 

3. Could you let me know what authority and training the Australian
Federal Police have and have had when making an assessment about a person
Mental Health that could be passed onto for example the U.K's Counter
Terrorism Branch SO15?

 

4. Could you let me know how many random checks of Mental Health
Facilities are carried out by the Federal Government per year?

 

Yours faithfully,

 

[Name Removed at User's Request] [Name Removed at User's Request]

 

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Please use this email address for all replies to this request:

[8][FOI #4248 email]

 

Is [9][DPMC request email] the wrong address for Freedom of Information requests
to Department of the Prime Minister and Cabinet? If so, please contact us
using this form:

[10]https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[11]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
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you
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you
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by
return email informing them of the mistake and delete all copies of the
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______________________________________________________________________

References

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3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...
5. https://twitter.com/indigenous_gov
6. https://www.facebook.com/indigenous.gov....
8. mailto:[FOI #4248 email]
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[Name Removed at User's Request] (Account suspended)

Dear FOI,

Thankyou for your response.

Item 2- Could you let me know what are the Federal Guidelines for the
application of the Mental Health [MH] Acts by State when used by their
relevant Police Forces.

• Please specify a specific timeframe for the Federal
Guidelines concerning the application of MH Acts by State police forces?

• Please confirm that you wish to limit your request to the
States and you are not seeking documents concerning territory legislation
and police practices as well?

In response to your request for clarification. I am seeking to clarify what the legal position is of the Federal Government in ensuring that Australia's International Human Rights commitments are. For example when a State Police decide to submit a person for a Mental Health Assessment based on their behaviour what training are they given in order to comply with Human Rights Legislation and how do the Federal Government oversee that training?

Item 3- Could you let me know what authority and training the Australian
Federal Police [AFP] have and have had when making an assessment about a
person Mental Health that could be passed onto for example the U.K's
Counter Terrorism Branch SO15?

• Do you intend this request to be any documents held by the
Department about the authorisation of the AFP under State legislation to
assess a person's mental health? You may wish to make this part of your
request into two separate elements.

• For example, you could make the second element of the
request to be for any documents held by the Department about the training
that the AFP receives in order to assess a person's mental health under
state legislation.

· You will need to specify a time period for documents held
by the department for any training the AFP has had (in the past) for
making assessments of a person’s MH under tate legislation.

In this question I am seeking to find out what training and instruction is given to the AFP to ensure that any information regarding a person's mental health is a) true and correct and b) does not prejudice their rights to 'freedom of expression'.

Item 4 – Could you let me know how many random checks of Mental Health
Facilities are carried out by the Federal Government per year?

I am concerned for those persons who are permanently and temporarily placed in care for an assessment based on their verbal and written actions rather than any actions that may physically harm a person or persons.

I also would like to know how many people have been subjected to electric shock therapy by all demographics.

The time periods I am seeking are for 2010 -2017.

Thankyou [Name Removed at User's Request] [Name Removed at User's Request]
• You will need to specify the period of time for which you
are seeking the information about checks of Mental Health Facilities.

• Please tell us what you mean by mental health facilities in
your request.

I note that you have asked questions of the Department that may be best
directed to other agencies the Department may seek to transfer those
requests to those other agencies. Instead, you may wish to withdraw this
request and make requests to the Australian Institute of Health and
Welfare may be better placed to assist you in relation to questions 1 and
4, and the Australian Federal Police in response to questions 2 and 3.

Yours sincerely,

[Name Removed at User's Request] [Name Removed at User's Request]

FOI, Department of the Prime Minister and Cabinet

UNCLASSIFIED

Dear Mr [Name Removed at User's Request]

 

Thank you for your email.

 

The Freedom of Information Act 1982 (FOI Act) requires applicants to make
requests for documents, not information.  You are asking for general
information and your request is therefore not valid under the FOI Act.

 

I consider therefore, that no further action should be taken on your
request.

 

It is open to you to make a specific request for documents held by the
Australian Federal Police (AFP) to the AFP, and for requests to be made to
relevant state police forces under State access to information
legislation.

 

You may wish to contact the Australian Institute of Health and Welfare
(AIHW) for information about mental health care in Australia, noting that
there is extensive information published by the AIHQ on its website -
[1]www.aihw.gov.au

 

Yours sincerely

 

 

Claire Pitham | Senior Adviser

Access and Administrative Review Section | Legal Policy Branch

p: 6271 5849 | e. [email address]

Government Division | Department of the Prime Minister and Cabinet

w. www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

 

 

 

-----Original Message-----
From: [Name Removed at User's Request] [Name Removed at User's Request] [mailto:[FOI #4248 email]]
Sent: Saturday, 16 December 2017 3:33 AM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - Request for Information
relating to the Mental Health Act for my 'Campaign of Change'
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

Thankyou for your response.

 

Item 2- Could you let me know what are the Federal Guidelines for the
application of the Mental Health [MH] Acts by State when used by their
relevant Police Forces.

 

•             Please specify a specific timeframe for the Federal
Guidelines concerning the application of MH Acts by State police forces?

 

•             Please confirm that you wish to limit your request to the
States and you are not seeking documents concerning territory legislation
and police practices as well?

 

In response to your request for clarification. I am seeking to clarify
what the legal position is of the Federal Government in ensuring that
Australia's International Human Rights commitments are. For example when a
State Police decide to submit a person for a Mental Health Assessment
based on their behaviour what training are they given in order to comply
with Human Rights Legislation and how do the Federal Government oversee
that training?

 

Item 3- Could you let me know what authority and training the Australian
Federal Police [AFP] have and have had when making an assessment about a
person Mental Health that could be passed onto for example the U.K's
Counter Terrorism Branch SO15?

 

•             Do you intend this request to be any documents held by the
Department about the authorisation of the AFP under State legislation to
assess a person's mental health? You may wish to make this part of your
request into two separate elements.

 

•             For example, you could make the second element of the
request to be for any documents held by the Department about the training
that the AFP receives in order to assess a person's mental health under
state legislation.

 

·                You will need to specify a time period for documents held
by the department for any training the AFP has had (in the past) for
making assessments of a person’s MH under tate legislation.

 

In this question I am seeking to find out what training and instruction is
given to the AFP to ensure that any information regarding a person's
mental health is a) true and correct and b) does not prejudice their
rights to 'freedom of expression'.

 

Item 4 – Could you let me know how many random checks of Mental Health
Facilities are carried out by the Federal Government per year?

 

I am concerned for those persons who are permanently and temporarily 
placed in care for an assessment based on their verbal and written actions
rather than any actions that may physically harm a person or persons.

 

I also would like to know how many people have been subjected to electric
shock therapy by all demographics.

 

The time periods I am seeking are for 2010 -2017.

 

Thankyou [Name Removed at User's Request] [Name Removed at User's Request]

•             You will need to specify the period of time for which you
are seeking the information about checks of Mental Health Facilities.

 

•             Please tell us what you mean by mental health facilities in
 your request.

 

I note that you have asked questions of the Department that may be best
directed to other agencies the Department may seek to transfer those
requests to those other agencies. Instead, you may wish to withdraw this
request and make requests to the Australian Institute of Health and
Welfare may be better placed to assist you in relation to questions 1 and
4, and the Australian Federal Police in response to questions 2 and 3.

 

Yours sincerely,

 

[Name Removed at User's Request] [Name Removed at User's Request]

 

-----Original Message-----

 

UNCLASSIFIED

 

Dear Mr [Name Removed at User's Request]

 

 

 

Thank you for your Freedom of Information request of 10 December 2017.

 

 

 

In order to take the initial steps in assessing your inquiry, we seek 
clarification for items 2 to 4 please.

 

 

 

Item 2- Could you let me know what are the Federal Guidelines for the 
application of the Mental Health [MH] Acts by State when used by their 
relevant Police Forces.

 

•             Please specify a specific timeframe for the Federal 
Guidelines concerning the application of MH Acts by State police forces?

 

•             Please confirm that you wish to limit your request to the 
States and you are not seeking documents concerning territory legislation 
and police practices as well?

 

 

 

Item 3- Could you let me know what authority and training the Australian 
Federal Police [AFP] have and have had when making an assessment about a 
person Mental Health that could be passed onto for example the U.K's 
Counter Terrorism Branch SO15?

 

•             Do you intend this request to be any documents held by the 
Department about the authorisation of the AFP under State legislation to 
assess a person's mental health? You may wish to make this part of your 
request into two separate elements.

 

•             For example, you could make the second element of the 
request to be for any documents held by the Department about the training 
that the AFP receives in order to assess a person's mental health under 
state legislation.

 

·                You will need to specify a time period for documents
held  by the department for any training the AFP has had (in the past)
for  making assessments of a person’s MH under tate legislation.

 

 

 

Item 4 – Could you let me know how many random checks of Mental Health 
Facilities are carried out by the Federal Government per year?

 

•             You will need to specify the period of time for which you 
are seeking the information about checks of Mental Health Facilities.

 

•             Please tell us what you mean by mental health facilities in 
your request.

 

 

 

I note that you have asked questions of the Department that may be best 
directed to other agencies the Department may seek to transfer those 
requests to those other agencies. Instead, you may wish to withdraw this 
request and make requests to the Australian Institute of Health and 
Welfare may be better placed to assist you in relation to questions 1 and 
4, and the Australian Federal Police in response to questions 2 and 3.

 

 

 

We will not be able to start processing your request until this 
clarification is provided, so we seek your response by Thursday 14 
December, please.

 

 

 

Yours sincerely

 

 

 

 

 

Claire Pitham | Senior Adviser

 

Access and Administrative Review Section | Legal Policy Branch

 

Government Division | Department of the Prime Minister and Cabinet

 

e. [1][email address] | w. [2][2]www.pmc.gov.au

 

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

 

 

 

[3][3]cid:image001.jpg@01D30607.6CF4DA00[4]cid:image002.jpg@01D30607.6CF4DA00[5]cid:image003.jpg@01D30607.6CF4DA00 [6][4]cid:image004.jpg@01D30607.6CF4DA00

 

 

 

 

 

[7][5]cid:image005.jpg@01D30607.6CF4DA00

 

 

 

 

 

 

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #4248 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[7]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________

References

Visible links
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2. http://www.pmc.gov.au/
3. file:///tmp/cid:image001.jpg@01D30607.6CF4DA00[4]cid:image002.jpg@01D30607.6CF4DA00[5]cid:image003.jpg@01D30607.6CF4DA00
4. file:///tmp/cid:image004.jpg@01D30607.6CF4DA00
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