The Act affects a range of actors across government, non-government and community sectors. Primary institutional actors are the commission and its commissioner (ss 8, 15). The commission’s staff are employees under the Public Sector Act 2022 (s 14). The Queensland Mental Health and Drug Advisory Council’s members, appointed by the Minister, are also statutory office-holders who advise the commission and whose membership must reflect community diversity and relevant experience (s 39).
Relevant agencies are central to the Act’s operation. The statute repeatedly refers to “relevant agencies” and “relevant persons” (for example ss 4, 7, 11, 25, 34). The precise definitions for “relevant agency” or “relevant person” are not included in the excerpt provided; the Act states the dictionary in the schedule defines particular words (s 6). Practically, “relevant agencies” will include departments and bodies with responsibilities touching mental health and substance misuse, including Hospital and Health Services, because s 35 expressly binds the chief executive under the Hospital and Health Boards Act 2011 to take the plan into account when negotiating service agreements relating to mental health and substance misuse services. The commission is itself a unit of public administration under the Crime and Corruption Act 2001 and a statutory body under financial accountability legislation, which imposes obligations on the commission as an employer and as a financial manager (s 10).
Public sector units, departments and Hospital and Health Boards are affected by information and consultative obligations. Under s 36 the commission can request information from departments or units and those units must provide it unless prohibited by another Act or impracticable to do so. Agencies receiving recommendations in ordinary reports are required to respond in writing within a reasonable period, either detailing steps taken or planned or explaining why no action will be taken (s 32). The Hospital and Health Boards chief executive must have regard to the whole-of-government strategic plan in negotiating service agreements to the extent they relate to mental health and substance misuse services (s 35).
Non-government service providers and private sector agencies are affected indirectly by consultation and report processes. Before preparing reports on systemic issues or funding the commission must notify the Minister and must consult relevant agencies and private sector agencies it considers may be significantly affected, and consider their submissions (s 29(2)-(4)). Where ordinary reports make recommendations that relate to a particular relevant agency, the commission must give a copy to that agency (s 31).
Community groups, service users, carers, and culturally specific communities are named as persons whose views must be considered. The Act requires the commission to engage and consult with people with mental health or substance misuse issues, their families, carers and support persons, Hospital and Health Boards, government, non-government and private sectors and other members of the community as the commissioner considers appropriate (s 11). The guiding principles require that Aboriginal and Torres Strait Islander people be provided treatment in a culturally appropriate way and that carers be respected and engaged (s 5). The council’s membership must reflect community diversity and include skills and experience relevant to those groups (s 39).
Ministers, the Governor in Council, and the Legislative Assembly are also affected as decision-makers and recipients of reports. The Minister directs the commissioner and may suspend or recommend removal of the commissioner; the Minister receives the commission’s reports and must table ordinary reports in the Legislative Assembly (ss 13, 21, 30). The Governor in Council appoints and removes the commissioner on the Minister’s recommendation (ss 15, 21).
Finally, officials and members of advisory committees are affected by the statutory liability regime. Officials who act honestly and without negligence under the Act are not personally civilly liable; where civil liability would have attached to an official it attaches instead to the State (s 53). This shifts civil risk away from individual office-holders to the State.
In short, the Act affects the commission and its personnel, public sector agencies that must provide information and respond to recommendations, Hospital and Health Boards via a specific contractual accounting duty, private sector providers through consultation and potential recommendations, the Minister and Governor in Council as appointing and oversight authorities, and community stakeholders whose input is to be solicited and taken into account.