New Mental Health and Wellbeing Act comes into operation
Background
Mental Health considerations and responses have been a major government initiative for some time and this has only been amplified since the onset of COVID-19.
In March 2021, the Royal Commission into Victoria’s Mental Health System released its final report. The report contains 65 recommendations, set over a 10-year reform vision (Report). The Victorian Labor Government has committed to implementing these recommendations in full.
What were the recommendations?
There were numerous recommendations and themes from the Report and they are as follows:
Create a Mental Health and Wellbeing Commission to monitor the implementation of the Royal Commission recommendations.
Establish the role of Chief Officer for Mental Health and Wellbeing, taking responsibility for delivering the recommendations.
Establish a new non-government agency led by people who have experienced mental illness, to help deliver training and services.
Immediately reduce the use of seclusion and restraints, with the aim of eliminating the practices within 10 years.
Ensure compulsory treatment is only used as a last resort.
Triple zero calls concerning mental health to be diverted to Ambulance Victoria rather than Victoria Police. Ambulance and police to respond to mental health crises, with paramedics to take the lead.
Create between 50 and 60 local mental health services for adults, as well as additional hospital partnerships for services aimed at both children and adults.
Create eight regional bodies to develop and deliver mental health services across different parts of the state.
Focus on indigenous health and regional and rural communities.
Replacing the Mental Health Act 2014 with a new Mental Health and Wellbeing Act.
The new Mental Health and Wellbeing Act 2022 passed the Victorian Parliament in August 2022. This Act now replaces the Mental Health Act 2014.
What does the new Act do?
The Act will respond to the Report’s call for greater diversity of service delivery and establishes several new entities, including:
a new Mental Health and Wellbeing Commission ('the Commission');
regional mental health and wellbeing boards;
regional and statewide multiagency panels; and
the Chief Officer for Mental Health and Wellbeing.
Regional health is a key focus of the new legislation.
Key Takeaways
The key aspect of the legislation and theme of the Royal Commission is to remove and minimise the role of the Police Force in responding to mental health crises and to allow this to be addressed by Health Professionals.
Health Professionals and businesses that are experiencing growing trends with the mental health crisis should contact us for clarification on this subject.
Article prepared by:
Jim Babalis
Special Counsel
T 03 5225 5205
E jbabalis@ha.legal
Jim Rutherford
Principal Lawyer
T 03 5226 8579
E: jrutherford@ha.legal
