This brochure explains some key points about the new
Mental Health Act and how you can keep up-to-date
with what’s happening.
The Mental Health Act is the legislation that governs the
treatment and care of people receiving public mental
health services in Victoria. The new Act will:

replace the current Mental Health Act 1986

be based on the Summary of Proposed Reforms,
which outlines the intended changes. Consumers
and carers were consulted in the development of
the reforms

acknowledge and promote the importance and
value of including families/carers

require services to involve families/carers in
decisions about treatment and care, if the
consumer consents

allow information to be shared with
families/carers as required to enable the ongoing
support and care of consumers

establish a Mental Health Complaints
Commissioner to investigate and respond to
complaints about mental health treatment and
care in the public system

focus on recovery

empower and support consumers to make
decisions about their treatment and care

commence at a date to be set when the Mental
Health Bill is passed. Passage of the Bill is
expected to be in early 2014.
Where can I get more information?
The Mental Health Act reform website
www.health.vic.gov.au/mentalhealth/mhactreform/
A new Mental Health Act for Victoria – Summary of
Proposed Reforms can be found on this website.
The Mental Health Act reform enquiry line
1300 656 692
mhactreform@health.vic.gov.au
Your local Mental Health Act Implementation Officer
Jim Reid
03 5454 6292
jreid@bendigohealth.org.au
www.bendigohealth.org.au
Victorian Mental Health Carers Network (VMHCN)
David White
03 8803 5501
david.white@carersnetwork.org.au
www.carersnetwork.org.au
Information for
carers
What you need to know about
Victoria’s new Mental Health Act
How will the new Act impact me and the person
I care for?
The new Act is expected to change how mental health
services are delivered. It will require services to:

promote your engagement and involvement in
the ongoing support of the person you care for

include you in decisions about treatment and care
if the person you care about consents or you need
that information to perform your caring role

provide you with the information you require to
provide ongoing care and support to the person
you care for

continually improve the quality and safety of the
services provided.
The new Act will also:

support you and the person you care for to make
decisions about treatment and care by providing
access to second psychiatric opinions and
establishing advance statements and nominated
persons in the Act

ensure personal recovery goals are part of
decision-making

strengthen your ability to make a complaint if you
are not satisfied with how assessment, treatment
or care has been provided

establish the Mental Health Tribunal, which will
be responsible for making compulsory treatment
orders and determining whether to approve
applications for electroconvulsive treatment (ECT)
for compulsory patients who do not have capacity
to make a decision about ECT and all young
persons under the age of 18 years. The Tribunal
will also periodically review the orders of
prisoners (security patients).
What happens if the person I care for becomes
unwell?
The new Act will include a presumption of capacity. A
presumption of capacity recognises that even if the
person you care for is unwell, they may be able to
make decisions about their treatment and care. The
Act will require mental health services to support the
person you care for to make or participate in decisions
about their treatment.
Under the new Act, the person you care for will be
able to appoint a nominated person. If they appoint
you as their nominated person, and then become
unwell and require treatment, services will be
required to share information and consult with you
about decisions about their treatment.
When the person you care for is well, they will be able
to formally set out their preferences for treatment
and care in an advance statement. You may be able to
encourage and assist with this.
The new Act sets out clear criteria for when and how
long a compulsory treatment order can be made.
Compulsory orders will comprise:
 an Assessment Order
 a Temporary Treatment Order (maximum 28-day
order)
 a Treatment Order (inpatient maximum 6 months
and community maximum 12 months)
For more information on the criteria for compulsory
orders, refer to the Summary of Proposed Reforms.
The authorised psychiatrist of a designated mental
health service will be able to make a Temporary
Treatment Order if all of the criteria apply.
The Mental Health Tribunal will make Treatment
Orders if all of the criteria apply. The Tribunal is an
independent body that will replace the Mental
Health Review Board.
What other changes can I expect?
The new Act will also set up the Mental Health
Complaints Commissioner, an independent body
that receives and deals with complaints about
public mental health services. If you are unhappy
with how an assessment, treatment or care has
been provided, you will be able to make a complaint
to the Commissioner. They will then investigate the
complaint and work with the service to fix any
problems.
Once the new Act has commenced, the person you
care for may be able to seek a second psychiatric
opinion about their treatment. This means that they
can have their treatment reviewed by another
psychiatrist. The second psychiatric opinion report
will be taken into account by the authorised
psychiatrist when they are providing treatment to
the person you care for.
How will changes be implemented?
Each mental health service has employed an
Implementation Officer to help prepare for the new
Act. This will include making sure carers and families
are kept up-to-date on the progress of the changes.
Information and training will be provided to mental
health workers to inform them about the changes
and what will be expected under the new Act. The
Implementation Officer will include information on
the new requirements and how they should be
applied.