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Proposed amendments to the Mental Health Act 1986 (June 2005)

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• Purpose
• Key Message
• Background
• Main features of the amending bill
• Further Information

Purpose

To provide advice about proposed changes to the Mental Health Act 1986 ('the Act').

Key Message

A Bill to amend the Mental Health Act is currently before Parliament. The Bill amends the Act in relation to involuntary treatment orders, treatment plans and special leave of absence for security patients. The proposed amendments are expected to come into effect in August 2005.

Background

The Health Legislation (Miscellaneous Amendments) Bill 2005 ('the Bill') was introduced into the Victorian Parliament on 17 May 2005. The Bill proposes to amend the Act in relation to three issues: involuntary treatment orders (ITOs), treatment plans and special leave of absence for security patients.

The proposed amendments to ITOs and treatment plans were developed in response to feedback received from the mental health sector at statewide training sessions provided by the Mental Health Branch of the Department of Human Services in 2004. The training was part of the implementation of the Mental Health (Amendment) Act 2003, which introduced the concept of ITOs and treatment plans into the Mental Health Act.

Main features of the amending bill

Involuntary treatment orders

The amendments to involuntary treatment orders are proposed to remove the restrictions on existing clinical practice whereby mental health practitioners and medical practitioners are only allowed to make ITOs in the community or approved mental health services respectively.

Instead of linking the power to make an ITO to location, the proposed amendments will enable mental health practitioners and medical practitioners to make ITOs in either setting. Where the ITO is made at an approved mental health service, the relevant practitioner will make a decision about whether the person should be detained at the service or released into the community to await the statutory ‘within 24-hour’ review by the authorised psychiatrist.

Any decision to release pending review must be made in consultation with the authorised psychiatrist. It is expected that release would only occur where the practitioner and the authorised psychiatrist believe appropriate treatment can be safely provided in the community during the 24-hour period. The proposed amendment is consistent with the objects of the Act to provide treatment in the least possible restrictive environment.

Treatment plans

Currently the Act requires the authorised psychiatrist to personally deliver the treatment plan and discuss it with each patient. In view of the small number of authorised or delegated psychiatrists relative to other treating staff, it is proposed that in addition to the authorised psychiatrist, a registered medical practitioner, the person's case manager and other members of the treating team (as prescribed in the Mental Health Regulations) will have the option of delivering the plan and discussing it with the patient.

The authorised psychiatrist will continue to be responsible for preparing and reviewing treatment plans.

Special leave of absence for security patients

The Act provides security patients can only be granted special leave from a mental health service for a maximum of 24 hours.

Multiple leave applications are required where medical treatment cannot be completed within 24 hours. It is proposed to amend the Act to allow security patients to be granted up to a maximum of seven days special leave for medical treatment. This change is consistent with the equivalent special leave provision in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that allows forensic patients to be granted special leave for a maximum of seven days for medical treatment.

Implementation

If the Bill is passed by the Parliament, it is expected to commence operation in August 2005. The Mental Health Branch will provide more information to the sector prior to the commencement of the changes.

Further information

Copies of the Bill, the explanatory memorandum and the second reading speech are available on the ‘Parliamentary Documents’ page at the website:http://www.legislation.vic.gov.au/