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A new Mental Health Act for Victoria
Summary of proposed reforms
Pier De Carlo
Project Director
Mental Health Act Implementation
Welcome and outline of session
• Consistent with and reinforces mental health reforms
• Outline of key policy directions for new mental health legislation
• Update on development of new mental health legislation
Mental Health Reforms
Government’s objectives:
• Improved consumer and carer experience
• Recovery oriented evidence based practice
• Focus on vulnerable, particularly families & children
• Integration with health and welfare services
• Strengthen community based care
• Highly skilled specialist MH work force
• Increased accountability and transparency
Why do we need new mental health legislation?
The Mental Health Act 1986: • oldest mental health legislation in Australia• does not reflect current mental health policy or contemporary best practice
• unlikely to be compatible with:– Charter of Human Rights and Responsibilities
Act 2006– Convention on the Rights of Persons with
Disabilities– Convention on the Rights of the Child
Key policy directions for legislation
• New legislative framework for compulsory assessment and treatment
• Promote recovery-oriented practice
• Introduce new safeguards and strengthen existing safeguards
• Promote and enhance service improvement in public mental health services
New legislative framework for compulsory assessment and treatment
• Promote voluntary treatment in preference to compulsory treatment
• Establish new compulsory treatment orders
• Orders of fixed duration
• New criteria for compulsory treatment
New legislative framework for compulsory assessment and treatment
Mental Health Tribunal will:• make treatment orders
• decide the category of the order (either inpatient or community)
• decide the duration of the order (up to six months for inpatient category or up to 12 months for a community category)
Recovery-oriented practice
• Recovery-oriented practice is based on self determination and enabling people with mental illness to achieve a meaningful and satisfying life.
Builds on the strengths of the individual working together with the treatment team.
• Supported decision making is central to this reform
Supported decision making
• Presumption of capacity- foundation of supported decision making
• Second opinions- support self determination and must be considered
• Advocates- information, advice and support
Supported decision making
• Nominated persons- support and shared information
• Advance Statements- greater control over treatment
• Carers and families- important role acknowledged by legislation
Oversight and service improvement
• Mental Health Complaints Commissionerdedicated specialist complaints body
• Chief Psychiatrist clinical leadership and support
• Mental Health Quality Assurance Committee monitor standards and continuous improvement
Oversight and Service Improvement
• Community Visitors- continue monitoring public mental health services
• Codes of Practice- guidance about the application of the law
• Disclosure of health information- clarify when and why
Safeguards
• Electroconvulsive therapy (ECT) for compulsory patients and any person under 18 years must be approved by the Mental Health Tribunal
• Restrictive interventions will be subject to improved safety and accountability: – includes bodily restraint (mechanical and
physical) and seclusion– must be last resort
Next steps
• Mental Health Act implementation team:– Legislation development, parliamentary
process and establish legal bodies
– Service development and change management
• Consultation with stakeholders
More information
• Mental Health Act Reform webpage:
www.health.vic.gov.au/mentalhealth/mhactreform
• Enquiry Line: 1300 656 692
• Email: [email protected]