The Mental Health and Wellbeing Act 2022 includes provisions relating to supported decision-making, consent and advocacy. These provisions support people to participate in decisions about their treatment, care and recovery.
Understanding these rights and obligations is important for supporting people with lived and living experience, managing personal and health information appropriately, and promoting safe, responsive services.
The resources below provide information about privacy obligations, access to mental health records, advocacy services and oversight bodies.
Rights and privacy principles
Quick guide to rights and privacy principles from the Health Records Act 2001 and the Privacy and Data Protection Act 2014.
Access to mental health records
A person has the right to access their health information, including mental health records. Records held by public sector mental health organisations are subject to the Freedom of Information Act 1982.
Office of the Victorian Information Commissioner
The Office of the Victorian Information Commissioner (OVIC) is an independent oversight body that regulates the Victorian public sector's collection, use and disclosure of personal information.
Advocacy
People with mental illness and their families and carers can get help to advocate for their rights from a range of organisations.
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