Status: Delivered
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.
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 we’ve achieved
A new Act
- Victoria’s Mental Health and Wellbeing Act 2022 came into effect on 1 September 2023.
- The Act:
- sets out new rights‑based objectives and principles to support the best possible mental health and wellbeing for all Victorians
- establishes new roles and entities, including the Mental Health and Wellbeing Commission, a new non‑legal mental health advocacy service, and a new Chief Officer for Mental Health and Wellbeing
- together, these changes strengthen oversight, accountability, and support for people accessing mental health and wellbeing services across Victoria.
- Read more about the Mental Health and Wellbeing Act 2022.
Public consultation
- The Department of Health worked with people with lived experience, the mental health sector, and the wider community to help shape the Mental Health and Wellbeing Act 2022. Information about this consultation and engagement process is available on the Engage Victoria website.
- The Department of Health has also created a range of resources to help the community and mental health and wellbeing services understand the Act and what it means in practice.
Expert Advisory Group
- An Expert Advisory Group was set up in March 2021 to support the development of the new Mental Health and Wellbeing Bill.
- The group included members with a wide range of experience and expertise. This included people with lived experience, as well as experts in human rights, advocacy, law, health service governance, clinical mental health, and community support services. Their input helped ensure the Bill was informed by different perspectives and real‑world experience.
Independent Review
- In June 2022, the Minister for Mental Health appointed an independent review panel to look at Victoria’s laws on compulsory mental health treatment and decision‑making. The panel was asked to make recommendations to government about how these laws could better protect people’s rights and support recovery.
- In line with the Royal Commission’s recommendations, an independent review of Victoria’s mental health laws is planned to take place five to seven years after the laws begin. This review will occur during phase three of the reform program and will help ensure the laws are working as intended and continue to protect people’s rights and wellbeing.
Updated