Department of Health

Context of the Act, objectives and principles

The new Mental Health and Wellbeing Act 2022, is designed to promote good mental health, reset the system foundations, and uphold rights-based principles.

Key messages

  • The Mental Health and Wellbeing Act 2022 replaces the Mental Health Act 2014. It is a key recommendation of the Royal Commission into Victoria’s Mental Health System.

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).

The Royal Commission recommended the new Act:

  • promote good mental health and wellbeing
  • reset the legislative foundations underpinning the mental health and wellbeing system, and
  • support the delivery of services that are responsive to the needs and preferences of Victorians.

The new Mental Health and Wellbeing Act 2022 (the Act) commenced on 1 September 2023.

The Act lays the foundations for the new mental health and wellbeing system envisioned by the Royal Commission.

The objectives of the Act reflect the Royal Commission’s aspirational vision for the new mental health and wellbeing system. They are framed broadly to support the pursuit of the highest attainable standard of mental health and wellbeing for all Victorians.

The Act also includes rights-based mental health and wellbeing principles to guide the provision of mental health and wellbeing services.

Reviewed 01 February 2024

Was this page helpful?