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SA’s Public Advocate to join Australian Border Force

Sep 18, 2015

One of South Australia’s most prominent human rights advocates has accepted a newly created role in which he will oversee health care in offshore detention for the Australian Border Force.

South Australia’s independent Public Advocate John Brayley says he will focus on improving health care standards on Nauru and Manus Island in his new roles as chief medical officer of the Department of Immigration and surgeon-general of the ABF.

He will take the reins as health services respond to the surge Australia’s uptake of refugees from Syria.

Since 2008, Brayley has used the role of Public Advocate to campaign for the rights of people with mental illness and disability, arguing for better resourcing of forensic mental health care and self-determination support for those with cognitive disabilities.

He has also exposed the plight of mental health patients languishing in South Australian prisons, campaigned against federal government moves to strip forensic mental health patients of disability benefits and argued for better physical health care for the mentally ill.

In his first interview discussing the new appointment, Brayley told InDaily he would be empowered to make meaningful change in the role, which would consolidate previously disparate health functions within the immigration department.

“Questions about standards of health care and also issues, raised by doctors and other health professionals about their patients in immigration detention, will be able to be brought to this new role,” he said.

“Many of the same issues that I deal with as Public Advocate, and suggest solutions about in my present role, I will be responding to in this new role … ensuring that high quality health services are delivered, including mental health services, that are comparable in standard to those that are generally provided to the Australian community.

“Rather than being the advocate, I expect to be responding to advocacy from health practitioners about their patients.

Outgoing Public Advocate John Brayley.

Outgoing Public Advocate John Brayley.

“This new position is an opportunity to contribute to ongoing improvements in health services for people in immigration detention both in Australia and at the offshore centres on Nauru and Manus Island.

“I strongly believe that this new structure and position will give the occupant of this role … the opportunity to improve health policy, improve health services, and also contribute more broadly to the policies within the department.

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“I will be reviewing the health services and associated issues soon after taking up the position, including, of course, travelling to Nauru and Manus Island.

“I’m of course aware of the Senate report and other key reviews that have already been done (into conditions in offshore detention).”

However: “I’d be in a better position to comment on the specifics of what I will be doing in this new role once I am on board … and once I have had time to more directly consider the issues”.

Brayley said it had been a “great privilege” to serve since he became Public Advocate in 2008, and that there remains unfinished business for the next person who takes up the role.

“I believe that we have contributed to decisions that have led to better systems and improved resources in that area, but there is so much more still to be done,” he said.

Brayley said the South Australia’s Guardianship and Administration Act was overdue for reform, and that “there’s still a significant need for increased capacity of mental health services, and reform to the way they operate”.

Attorney-General John Rau said a search would begin this weekend for a new Public Advocate.

He paid tribute to Brayley’s “integrity, hard work and willingness to listen”.

“The steps he took toward achieving a model of supported decision making, has had a significant impact in the sector,” he said.

“This work assists people to make decisions for themselves wherever possible, instead of having them made by others.”

“He also contributed to the Disability Justice Plan, the implementation of a new Dispute Resolution Service and to the Strategy to Safeguard the Rights of Older South Australians.

“Dr Brayley has highlighted the challenges faced by forensic mental health patients in the corrections system, while his work in limiting restrictive practices has had a significant influence on practice in the disability sector in this state.”

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