Department of Health

Recovery and supported decision making

The Mental Health Act 2014 establishes a supported decision-making model that will enable and support compulsory patients to make or participate in decisions about their treatment and determine their individual path to recovery. Legal mechanisms in the Act that enable supported decision making include a presumption of capacity, advance statements, nominated persons and the right to seek a second psychiatric opinion.

These mechanisms will promote best practice and facilitate optimal communication between practitioners and people with mental illness and their families and carers, leading to improved treatment outcomes and recovery. The Act also provides a legislative framework that supports the ongoing development of recovery-oriented practice in the public mental health service system.

Mental health principles

The mental health principles guide the provision of mental health services.

Advance statements

An advance statement expresses a person’s treatment preferences if they need compulsory treatment.

Advocacy

Patients will be able to seek assistance from independent mental health advocates.

Carers and families

The Act recognises the role of carers and other support people in a person’s assessment, treatment and recovery.

Informed consent

The informed consent of a person must be sought before treatment or medical treatment is given to a person under the Mental Health Act 2014.

Nominated persons

A nominated person supports a person who needs compulsory mental health treatment.

Presumption of capacity

Capacity is the ability to give informed consent to a particular treatment at a particular time.

Second psychiatric opinions

Patients can get a second psychiatric opinion to help understand and make decisions about treatment.

Resources for carers and consumers

The Mental Health and Supported Decision Making Project is an online resource for consumers and carers, providing easily accessible information via two key online modules.

Reviewed 28 May 2015

Health.vic

In this topic

More information

Was this page helpful?