Key messages
- Advocates act on instruction of mental health and wellbeing consumers and provide non-legal assistance, to consumers understand information such as their rights, and make referrals.
- Advocates help consumers participate in decision making, express their views and exercise their rights.
- The Act establishes an opt-out approach to access to non-legal mental health advocacy support.
The role of non-legal mental health advocates
Advocates employed by the non-legal mental health advocacy provider (IMHA) act on the instruction of a consumer (where the consumer is aged 16 years or older).
Acting on instruction, they can represent a consumer’s views to mental health and wellbeing service staff and provide non-legal assistance to help the consumer:
- understand information regarding their assessment, treatment, care and recovery
- make decisions and be involved in decisions about their assessment, treatment and care
- express their decisions, views and preferences
- understand and exercise their rights
This may include assisting a person to:
- make an advance statement of preferences or appoint a nominated support person
- seek a second psychiatric opinion
- seek legal advice
- apply to the Mental Health Tribunal
- understand and access the mental health and wellbeing service system
- make a complaint
If a consumer is aged 15 years or younger, the advocate’s role is to promote the views and preferences of the consumer and work with the family, carers and supporters of the consumer to ensure the consumer’s best interests are protected.
Support for advocates to undertake their role
Acting on the instructions of an adult (aged 16 or more) consumer, IMHA advocates can support the consumer, including accessing certain information, attending meetings with, and seeking information on behalf of, the consumer or their supporters.
Mental health and wellbeing service providers must give any reasonable assistance to an advocate to undertake their role.
Accessing advocacy services
The Act requires mental health and wellbeing service providers to notify the non-legal mental health advocacy service provider when certain events occur. These events include when a person is made subject to a temporary treatment order or treatment order, when a person’s order is varied or revoked, if restrictive interventions are used or when certain patients are received at, or transferred to, a designated mental health service.
The Chief Officer has set the requirements for mental health and wellbeing service providers in the Non-legal mental health advocacy service and opt-out register – Protocol for mental health and wellbeing service providers.
The notifications set out in the protocol will allow IMHA mental health advocates to make contact with consumers to offer support.
IMHA, as the non-legal mental health advocacy service provider must keep an ‘opt-out’ register where individuals can indicate that they do not want to be offered or provided with non-legal mental health advocacy services.
The Chief Officer for Mental Health and Wellbeing has set the requirements for IMHA in the Non-legal mental health advocacy service and opt-out register
Individuals can also contact the service directly to seek advocacy support.
Further information, including about how to opt-out, and IMHA contact details for consumers:
- To speak to an advocate call 1300 947 820 (you can leave a message and we will respond within 24 hours) or email contact@imha.vic.gov.au.
- When do we contact on the Independent Mental Health Advocacy website.
- Tell us not to contact on the Independent Mental Health Advocacy website.
How does this compare with the Mental Health Act 2014?
The provisions establishing non-legal mental health advocacy services are all new and respond to a recommendation of the Royal Commission into Victoria’s Mental Health Services that an opt-out model of non-legal mental health advocacy be established in legislation.
Although non-legal advocacy services have been funded in Victoria since 2015, these services were provided on an opt in basis and were not governed by the Mental Health Act 2014.
Further information
To speak to an advocate call 1300 947 820 (you can leave a message and we will respond within 24 hours) or email contact@imha.vic.gov.au
For information about when IMHA will contact consumers and how to opt-out, see When do we contact and Tell us not to contact on the Independent Mental Health Advocacy website.
Reviewed 31 August 2023