Department of Health

Sexual safety in inpatient settings – legislation

Key messages

  • The Mental Health Act 2014 protects the needs, safety and well being of people using mental health services.
  • The Crimes Act 1958 defines sexual offences in the Victorian jurisdiction.

The needs, safety and wellbeing of all people using a mental health service are protected by the Mental Health Act 2014, which governs the delivery of treatment and care across Victoria’s mental health services.

Mental Health Act 2014

The Mental Health Act provides the framework and principles for all mental health treatment and care, including provisions pertaining to patient rights, consent, involuntary treatment, confidentiality and the disclosure of information.

Victorian Charter of Human Rights and Responsibilities Act 2006

The Victorian Charter of Human Rights and Responsibilities Act 2006 promotes and protects a number of rights derived from the International Convention on Civil and Political Rights. The charter provides a legislative framework that protects and promotes human rights in Victoria, and all public authorities and their employees are required to adhere to its requirements.

Crimes Act 1958

The Crimes Act 1958 defines sexual offences in the Victorian jurisdiction, including provisions relating to sexual offences against people with a cognitive impairment. ‘Cognitive impairment’ is defined as including impairment because of mental illness, intellectual disability, dementia or brain injury.

The Crimes Act also contains provisions relating to people providing treatment and care in mental health services.

Reviewed 29 May 2015

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