Mental Health and Wellbeing Act (2022)
The Royal Commission into Victoria’s Mental Health System
recommended the Victorian Government replace the Mental Health Act 2014 with a
new Mental Health and Wellbeing Act (recommendation 42).
Victoria’s new Mental Health and Wellbeing Act 2022 (the
Act) commences on 1 September 2023. The new Act replaces the Mental Health Act
2014. The Act has strengthened mental health and wellbeing principles to guide
service providers to support the dignity and autonomy of people living with
mental illness or psychological distress.
The Mental Health and Wellbeing
Act 2022 (the Act) has a set of core mental health and wellbeing
principles summarised here and set out in full below. These include:
- The rights, dignity and autonomy of people living with mental
illness or psychological distress are to be promoted and protected
- People living with mental illness or psychological distress are to
be provided with access to a diverse mix of care and support services
- Mental health and wellbeing services are provided with the least
possible restriction of a person’s rights, dignity and autonomy with the
aim of promoting their recovery and full participation in community life
- People receiving mental health and wellbeing services (including
those receiving compulsory treatment) are supported to make and
participate in decisions about their assessment, treatment and recovery,
with the views and preference of the person receiving mental health and
wellbeing services to be given priority
- Families, carers and supporters (including children) of people
receiving mental health and wellbeing services are to be supported in
their role in decisions about the person’s assessment, treatment and
recovery
- The lived experience of a person with mental illness or
psychological distress and their carers, families and supporters it to be
recognised and valued
- The medical and other health needs of people living with mental
illness or psychological distress are to be identified and responded to
- People receiving mental health and wellbeing services have the
right to take reasonable risks in order to achieve personal growth,
self-esteem and overall quality of life
- The health, wellbeing and autonomy of children and young people
receiving mental health and wellbeing services are to be promoted and
supported
- The diverse needs and experiences of people receiving mental health
and wellbeing services are to be actively considered, with services
provided in a manner that is safe, sensitive and responsive
- The specific safety needs or concerns that a person may have based
on their gender are to be considered and services provided in a manner
that is safe and responsive to these needs and concerns
- Mental health and wellbeing services are to be culturally safe and
responsive to people of all racial, ethnic, faith based and cultural
backgrounds – this includes provision of culturally safe and responsive
mental health and wellbeing treatment and care to Aboriginal and Torres
Strait Islander peoples that is appropriate to, and consistent with, their
cultural and spiritual beliefs and practices
- The needs, wellbeing and safety of children, young people and other
dependents of people receiving mental health and wellbeing services are to
be protected
A link to the Mental Health and Wellbeing Act (2022) is
found here:
Mental
Health and Wellbeing Act 2022 (legislation.vic.gov.au)
Forms for the Act can be found here:
Mental
Health and Wellbeing Act 2022 forms | health.vic.gov.au
Legal aspects
To read the Act and
Regulations click the following links:
MHWA 2022 forms
Links to the forms
used under the Act are below.
Please remember to use
colour copies for original documents.
About the Orders
Flowcharts created
by the Department of Health:
Young person and
parent/carer/support person information
Link to 'Statement
of Rights'. A paper copy of which must be provided to the consumer admitted to
RCH for mental health related reasons, as well as their and family/carer/support
people.
Training, queries
and feedback
Resources used for
training are available through the links below:
Guidelines and
protocols by the Department of Health and Office of the Chief Psychiatrist
Other useful links
and resources
Please contact us if you:
- Have specific questions
- Would like to know about what training support we can provide
Click here if you have any
feedback or enquiries email.
Compliments and complaints
There are different ways to give feedback or make a complaint.
In the first instance, if you are comfortable to do so, please speak to your treating team's Coordinator/Nurse Unit Manager or Consultant Psychiatrist.
You may also prefer to email us. We have a process used at this hospital which is explained with this link:
There is also a new Victorian Mental Health Complaints Commissioner. All the details of what is offered can be found below: