A new Mental Health Act for Victoria

Summary of proposed reforms

Pier De Carlo

Project Director

Mental Health Act Implementation

Welcome and outline of session

• Consistent with and reinforces mental health reforms

• Outline of key policy directions for new mental health legislation

• Update on development of new mental health legislation

Mental Health Reforms

Government’s objectives:

• Improved consumer and carer experience

• Recovery oriented evidence based practice

• Focus on vulnerable, particularly families & children

• Integration with health and welfare services

• Strengthen community based care

• Highly skilled specialist MH work force

• Increased accountability and transparency

Why do we need new mental health legislation?

The Mental Health Act 1986: • oldest mental health legislation in Australia• does not reflect current mental health policy or contemporary best practice

• unlikely to be compatible with:– Charter of Human Rights and Responsibilities

Act 2006– Convention on the Rights of Persons with

Disabilities– Convention on the Rights of the Child

Key policy directions for legislation

• New legislative framework for compulsory assessment and treatment

• Promote recovery-oriented practice

• Introduce new safeguards and strengthen existing safeguards

• Promote and enhance service improvement in public mental health services

New legislative framework for compulsory assessment and treatment

• Promote voluntary treatment in preference to compulsory treatment

• Establish new compulsory treatment orders

• Orders of fixed duration

• New criteria for compulsory treatment

New legislative framework for compulsory assessment and treatment

Mental Health Tribunal will:• make treatment orders

• decide the category of the order (either inpatient or community)

• decide the duration of the order (up to six months for inpatient category or up to 12 months for a community category)

Recovery-oriented practice

• Recovery-oriented practice is based on self determination and enabling people with mental illness to achieve a meaningful and satisfying life.

Builds on the strengths of the individual working together with the treatment team.

• Supported decision making is central to this reform

Supported decision making

• Presumption of capacity- foundation of supported decision making

• Second opinions- support self determination and must be considered

• Advocates- information, advice and support

Supported decision making

• Nominated persons- support and shared information

• Advance Statements- greater control over treatment

• Carers and families- important role acknowledged by legislation

Oversight and service improvement

• Mental Health Complaints Commissionerdedicated specialist complaints body

• Chief Psychiatrist clinical leadership and support

• Mental Health Quality Assurance Committee monitor standards and continuous improvement

Oversight and Service Improvement

• Community Visitors- continue monitoring public mental health services

• Codes of Practice- guidance about the application of the law

• Disclosure of health information- clarify when and why

Safeguards

• Electroconvulsive therapy (ECT) for compulsory patients and any person under 18 years must be approved by the Mental Health Tribunal

• Restrictive interventions will be subject to improved safety and accountability: – includes bodily restraint (mechanical and

physical) and seclusion– must be last resort

Next Steps

Next steps

• Mental Health Act implementation team:– Legislation development, parliamentary

process and establish legal bodies

– Service development and change management

• Consultation with stakeholders

More information

• Mental Health Act Reform webpage:

www.health.vic.gov.au/mentalhealth/mhactreform

• Enquiry Line: 1300 656 692

• Email: mhactreform@health.vic.gov.au