Key messages
The Mental Health and Wellbeing Act 2022 (the Act) establishes key roles and entities for the oversight of the mental health and wellbeing system and to support system improvement.
Secretary of the Department of Health and Chief Officer for Mental Health and Wellbeing
The Act establishes a new role of Chief Officer for Mental Health and Wellbeing (the Chief Officer). This is a senior position within the Department of Health.
The role aims to elevate the status of mental health and wellbeing within the department and strengthen leadership of the mental health and wellbeing system.
Under the Act, both the Secretary of the Department of Health (the Secretary) and the Chief Officer have critical functions as the stewards and managers of the mental health and wellbeing system.
The Secretary has broader responsibility as system manager and steward of the health system overall, including mental health and wellbeing.
The roles of the Secretary and the Chief Officer include:
- developing mental health and wellbeing strategy, policy, guidelines and codes of practice
- planning, developing and commissioning mental health and wellbeing services that respond to Victoria’s diverse communities
- monitoring the performance, quality and safety of mental health and wellbeing service providers
- developing and supporting the mental health and wellbeing workforce
- supporting the new Regional Mental Health and Wellbeing Boards to perform their functions
- setting and revising targets for reducing compulsory treatment, seclusion and restraint.
Mental Health and Wellbeing Commission
The Act establishes Victoria's Mental Health and Wellbeing Commission (the Commission).
The Commission is an independent statutory authority. It has a key role in holding government to account for system-wide performance, quality and safety.
The Commission has designated roles for Commissioners with lived or living experience of mental illness or psychological distress and with experience as a family member, carer or supporter.
The Commission receives, manages and resolves complaints about mental health services provided to consumers.
Read more about the Mental Health and Wellbeing
Chief Psychiatrist
The Act establishes the Chief Psychiatrist as an independent statutory officer with powers and responsibilities to uphold quality and safety in Victoria’s mental health and wellbeing system.
Read more about the Chief Psychiatrist’s role and responsibilities.
Mental Health Tribunal
The Act establishes the Mental Health Tribunal (the Tribunal) as an independent statutory tribunal.
The Tribunal is an essential safeguard under the Mental Health and Wellbeing Act 2022 to protect the rights and dignity of people with mental illness.
The main function of the Tribunal is to determine if the criteria for compulsory mental health treatment as set out in the Act apply to a person. The Tribunal may make a Treatment Order for a person if all the criteria in the legislation apply to that person.
Read more about the Mental Health Tribunal.
Community Visitors
Community Visitors play an important quality and safety oversight role for people receiving residential mental health services at prescribed premises.
Community Visitors are trained volunteers who have a legislative right to visit these premises, assist people receiving services and check on the quality of services and care provided.
Read more about Community Visitors.
Victorian Collaborative Centre for Mental Health and Wellbeing
The Victorian Collaborative Centre for Mental Health and Wellbeing aims to bring together people with lived experience, researchers and mental health service providers to:
· conduct research for the benefit of consumers, carers, families, and the community
· share knowledge of advances in mental health treatment, care and support
· support the mental health workforce
· provide treatment, care and support to adults and older adults.
The Centre is governed by an independent board which includes consumer and carer representation.
Read more about the Victorian Collaborative Centre for Mental Health and .
Youth Mental Health and Wellbeing Victoria
Youth Mental Health and Wellbeing Victoria (YMHWV) is a new statutory entity established by the Act to address the emerging evidence of the youth mental health crisis.
YMHWV will provide system leadership and strategic advice, giving agency to the voices of young people with lived experience of mental illness and psychological distress
Reviewed 24 November 2023