Mental health and wellbeing principles
The Mental Health and Wellbeing Act 2022 (the Act) has a set of core mental health and wellbeing principles summarised here and set out in full below. These include:
- The rights, dignity and autonomy of people living with mental illness or psychological distress are to be promoted and protected
- People living with mental illness or psychological distress are to be provided with access to a diverse mix of care and support services
- Mental health and wellbeing services are provided with the least possible restriction of a person’s rights, dignity and autonomy with the aim of promoting their recovery and full participation in community life
- People receiving mental health and wellbeing services (including those receiving compulsory treatment) are supported to make and participate in decisions about their assessment, treatment and recovery, with the views and preference of the person receiving mental health and wellbeing services to be given priority
- Families, carers and supporters (including children) of people receiving mental health and wellbeing services are to be supported in their role in decisions about the person’s assessment, treatment and recovery
- The lived experience of a person with mental illness or psychological distress and their carers, families and supporters are to be recognised and valued
- The medical and other health needs of people living with mental illness or psychological distress are to be identified and responded to
- People receiving mental health and wellbeing services have the right to take reasonable risks in order to achieve personal growth, self-esteem and overall quality of life
- The health, wellbeing and autonomy of children and young people receiving mental health and wellbeing services are to be promoted and supported
- The diverse needs and experiences of people receiving mental health and wellbeing services are to be actively considered, with services provided in a manner that is safe, sensitive and responsive
- The specific safety needs or concerns that a person may have based on their gender are to be considered and services provided in a manner that is safe and responsive to these needs and concerns
- Mental health and wellbeing services are to be culturally safe and responsive to people of all racial, ethnic, faith based and cultural backgrounds – this includes provision of culturally safe and responsive mental health and wellbeing treatment and care to Aboriginal and Torres Strait Islander peoples that is appropriate to, and consistent with, their cultural and spiritual beliefs and practices
- The needs, wellbeing and safety of children, young people and other dependents of people receiving mental health and wellbeing services are to be protected
Application of the mental health and wellbeing principles
Mental health and wellbeing service providers are required to make all reasonable efforts to comply with the mental health and wellbeing principles and to give proper consideration to those principles when making a decision under the Act.
Mental health and wellbeing service providers that are required under Victorian law to produce an annual report must include in that annual report information about action taken to give effect to one or more of mental health and wellbeing principles.
The Mental Health and Wellbeing Commission can receive and deal with complaints about a mental health and wellbeing service provider’s failure to make all reasonable efforts to comply with the mental health and wellbeing principles.
What is proper consideration?
Proper consideration is the same test that applies to consideration of rights under the Charter of Human Rights and Responsibilities Act 2006. In practice what this means will vary according to the context. In circumstances where a decision is urgent or needs to be made under pressure, what is ‘proper consideration’ will be different to circumstances where there is more time for a decision or where the impact of the decision may be particularly significant.
Proper consideration does not mean that individual decisions must always be informed by legal advice, or that a sophisticated formula or process must be followed, but consideration of the mental health and wellbeing principles must be more than a token, tick box or formality.
Consideration of the Mental Health and Wellbeing Principles under the Act sits alongside obligations to consider rights under the Charter of Human Rights and Responsibilities Act 2006.
Guidance on applying the mental health and wellbeing principles
The Mental Health and Wellbeing Commission may issue guidance material about how the mental health and wellbeing principles should be applied in relation to particular actions and decisions made under the Act
Other principles in the Act
The Act also contains specific:
- Decision-making principles for treatment and interventions which must be given proper consideration by those making decisions in relation to a patient’s assessment or treatment or the use of restrictive intervention.
- Information sharing principles to which people, providers or other organisations must give proper consideration when making a decision to disclose, use or collect health or personal information.
Mental Health and Wellbeing Principles
The following are the 13 mental health and wellbeing principles in full
Dignity and autonomy principle
The rights, dignity and autonomy of a person living with mental illness or psychological distress are to be promoted and protected and the person is to be supported to exercise those rights.
Diversity of care principle
A person living with mental illness or psychological distress is to be provided with access to a diverse mix of care and support services. This is to be determined, as much as possible, by the needs and preferences of the person living with mental illness or psychological distress including their accessibility requirements, relationships, living situation, any experience of trauma, level of education, financial circumstances and employment status.
Least restrictive principle
Mental health and wellbeing services are to be provided to a person living with mental illness or psychological distress with the least possible restriction of their rights, dignity and autonomy with the aim of promoting their recovery and full participation in community life. The views and preferences of the person should be key determinants of the nature of this recovery and participation.
Supported decision making principle
Supported decision-making practices are to be promoted. Persons receiving mental health and wellbeing services are to be supported to make decisions and to be involved in decisions about their assessment, treatment and recovery including when they are receiving compulsory treatment. The views and preferences of the person receiving mental health and wellbeing services are to be given priority.
Family and carers principle
Families, carers and supporters (including children) of a person receiving mental health and wellbeing services are to be supported in their role in decisions about the person's assessment, treatment and recovery.
Lived experience principle
The lived experience of a person with mental illness or psychological distress and their carers, families and supporters is to be recognised and valued as experience that makes them valuable leaders and active partners in the mental health and wellbeing service system.
Health needs principle
The medical and other health needs of people living with mental illness or psychological distress are to be identified and responded to, including any medical or health needs that are related to the use of alcohol or other drugs. In doing so, the ways in which a person's physical and mental health needs may intersect should be considered.
Dignity of risk principle
A person receiving mental health and wellbeing services has the right to take reasonable risks in order to achieve personal growth, self-esteem and overall quality of life. Respecting this right in providing mental health and wellbeing services involves balancing the duty of care owed to all people experiencing mental illness or psychological distress with actions to afford each person the dignity of risk.
Wellbeing of young people principle
The health, wellbeing and autonomy of children and young people receiving mental health and wellbeing services are to be promoted and supported, including by providing treatment and support in age and developmentally appropriate settings and ways. It is recognised that their lived experience makes them valuable leaders and active partners in the mental health and wellbeing service system.
Diversity principle
- The diverse needs and experiences of a person receiving mental health and wellbeing services are to be actively considered noting that such diversity may be due to a variety of attributes including any of the following:
- gender identity
- sexual orientation
- sex
- ethnicity
- language
- race
- religion, faith or spirituality
- class
- socioeconomic status
- age
- disability
- neurodiversity
- culture
- residency status
- geographic disadvantage.
- Mental health and wellbeing services are to be provided in a manner that:
- is safe, sensitive and responsive to the diverse abilities, needs and experiences of the person including any experience of trauma; and
- considers how those needs and experiences intersect with each other and with the person's mental health.
Gender safety principle
People receiving mental health and wellbeing services may have specific safety needs or concerns based on their gender. Consideration is therefore to be given to these needs and concerns and access is to be provided to services that:
- are safe; and
- are responsive to any current experience of family violence and trauma or any history of family violence and trauma; and
- recognise and respond to the ways gender dynamics may affect service delivery, treatment and recovery; and
- recognise and respond to the ways in which gender intersects with other types of discrimination and disadvantage.
Cultural safety principle
- Mental health and wellbeing services are to be culturally safe and responsive to people of all racial, ethnic, faith-based and cultural backgrounds.
- Treatment and care is to be appropriate for, and consistent with, the cultural and spiritual beliefs and practices of a person living with mental illness or psychological distress. Regard is to be given to the views of the person's family and, to the extent that it is practicable and appropriate to do so, the views of significant members of the person's community. Regard is to be given to Aboriginal and Torres Strait Islander people's unique culture and identity, including connections to family and kinship, community, Country and waters.
- Treatment and care for Aboriginal and Torres Strait Islander peoples is, to the extent that it is practicable and appropriate to do so, to be decided and given having regard to the views of elders, traditional healers and Aboriginal and Torres Strait Islander mental health workers.
Wellbeing of dependents principle
The needs, wellbeing and safety of children, young people and other dependents of people receiving mental health and wellbeing services are to be protected.
How does this compare with the Mental Health Act 2014?
- The Mental Health and Wellbeing Principles build on and extend the principles of the Mental Health Act 2014, requiring mental health and wellbeing service providers to support the dignity and autonomy of people living with mental illness or psychological distress; ensure people are involved in decisions about their treatment, care and support; recognise the role of families, carers and supporters; and ensure the service system responds to the diverse needs and preferences of Victorians.
- The Act sets a higher standard of accountability to embed the principles into daily practice. Rather than simply ‘having regard’ mental health and wellbeing service providers must make ‘all reasonable efforts to comply’ with and give ‘proper consideration’ to the mental health and wellbeing principles.
Reviewed 26 September 2023