Recommendation 56

What the Royal Commission said

The Royal Commission recommended the Victorian Government:

• promote, protect and ensure the right of people living with mental illness or psychological distress without discrimination
• provide an opt-out model of access to non-legal advocacy services for people who are subject to or at risk of compulsory treatment
• increase access to legal representation for people who appear before the Mental Health Tribunal, particularly when consecutive compulsory treatment orders in the community are being sought
• align mental health laws over time with other decision-making laws with a view to promoting supported decision-making principles and practices.

What we’ve achieved

Opt-out non-legal advocacy service

• Victoria's Mental Health and Wellbeing Act 2022 (the Act) took effect on 1 September 2023.
• The Act enables a new opt-out model of access to non-legal advocacy services for people who are at risk of or receiving compulsory mental health treatment.
• Victoria Legal Aid’s Independent Mental Health Advocacy (IMHA) service is the designated non-legal advocacy service provider.
• Under the Act, mental health and wellbeing service providers must notify IMHA at defined points. For example, when a temporary treatment order or treatment order is made, varied or revoked.
• The notification allows IMHA to contact the consumer to provide information and support so they can understand and exercise their rights under the Act.
• IMHA advocates help consumers participate in decisions about their assessment, treatment and recovery. People can 'opt-out' if they don't want IMHA support.
• An opt-out register has been established for those who do not wish to be contacted.
• Victoria Legal Aid has fully operationalised its database and information sharing systems, recruited staff, and delivered opt-out non-legal advocacy through

Mental Health Tribunal

A triage line for accessing legal representation for people seeking representation at Mental Health Tribunal hearings has been established.

What are we doing?

The opt-out non-legal advocacy service and Mental Health Tribunal triage line continues deliver services to people at risk of or receiving compulsory mental health treatment.