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The impact of mental health care in NSW

Although the purpose of this project was not to investigate whether people with a mental illness are accessing appropriate mental health care and treatment, an unavoidable theme that emerged during the Project was that many people with a mental illness face great difficulties in accessing mental health care and treatment. This was linked to their experience of certain legal issues, as well as their ability to access legal assistance and to participate in the legal system. That there is a crisis in mental health care in NSW has been documented in the media and the literature.

For example, not having access to appropriate mental health care and treatment may prevent people who face having their children removed by DoCS from accessing the support they need to be able to keep them. Fines and public disorder crimes may arise as a result of not receiving appropriate treatment. It was suggested that many of the barriers related to being unwell, which prevent people from accessing legal services and participating in the legal system, might also be addressed if people had access to mental health care treatment. Finally, diverting people with a mental illness from the criminal justice system, through programs such as the NSW Statewide Community and Court Liaison Service, is undermined by the limited availability of mental health services in NSW. These problems also exist for people with dual diagnosis, who are often ineligible for both drug and alcohol treatment and mental health treatment or who will be refused by mental health service because of their addiction.