What the Royal Commission said
This recommendation is to replace the Mental Health Act 2014 with a new Mental Health and Wellbeing Act, by no later than mid-2022.
The new Act will:
- provide the legal foundations for the redesigned mental health and wellbeing system
- promote good mental health and wellbeing for Victorians
- support the delivery of high-quality services and promote and protect human rights.
What are the opportunities?
The Royal Commission outlined the need to reset and rebalance mental health legislation. Some of the challenges with the Mental Health Act 2014 include:
- alignment with other relevant laws and human rights frameworks
- unclear accountability within the mental health system
- a narrow focus
- a range of factors that hampered implementation including leadership, culture, and resourcing.
What are we doing?
Victoria’s Mental Health and Wellbeing Act 2022 (the Act) commenced on 1 September 2023.
The legislation contains new rights-based objectives and principles to drive the highest possible standard of mental health and wellbeing for Victorians.
The Act supports the establishment of new roles and entities recommended by the Royal Commission. This includes a new Mental Health and Wellbeing Commission, the non-legal mental health advocacy service, and a new Chief Officer for Mental Health and Wellbeing.
Read more about the Mental Health and Wellbeing Act 2022.
Public consultation
The Department of Health engaged with people with lived experience, the sector and community to help inform the development of the Mental Health and Wellbeing Act. Information about the engagement process is available on the Engage Victoria .
The department has developed resources to help the community and the mental health and wellbeing sector understand the Act.
Independent Review
In June 2022, the Minister for Mental Health appointed an independent review panel to make recommendations to government about Victoria’s mental health compulsory treatment criteria and decision-making laws.
Following completion of a public consultation process led by the review panel, including an Engage Victoria consultation, commissioning of significant research and targeted stakeholder consultation, the department is coordinating the next phase of this vital work.
The department will finalise and release a What we heard paper in response to the Engage Victoria consultation and deliver advice to government later in 2024.
There will be a review of the new Mental Health and Wellbeing Act after the first 5 years of operation.
Expert Advisory Group
A 10-member Expert Advisory Group was established in March 2021. Advisory Group members are:
- Mr Michael Gorton AM (Chair), Principal, Russell Kennedy Lawyers and Board /Chair, Alfred Health
- Dr Anoop Lalitha, Director of Clinical Services, Ballarat Health Service
- Dr Chris Maylea, Deputy Chair, Victorian Mental Illness Awareness Council Committee of Management
- John Foley, Board member, Tandem Carers
- Kristen Hilton, former Victorian Equal Opportunity and Human Rights Commissioner
- Laura Collister, CEO, Wellways
- Professor Lisa Brophy, La Trobe University, community member, Mental Health Tribunal
- Dr Margaret Grigg, CEO, Forensicare
- Nerita Waight, CEO, Victorian Aboriginal Legal Service
- Sandra Keppich-Arnold, Director of Mental Health and AOD Operations, Alfred Health
This group has supported the development of the new Mental Health and Wellbeing Bill. Members bring diverse and significant expertise in many areas. This includes lived experience, human rights, legal and non-legal advocacy, health law, health service governance and clinical mental health and community support service delivery.
Reviewed 24 May 2024