Mental Health Act
Implementation Project
April 2013
Bulletin No.1
In October 2012, the Minister for Mental Health, the Hon Mary Wooldridge MP released A new Mental Health
Act for Victoria - Summary of proposed reforms (Summary of proposed reforms) which outlines the
government’s key reform objectives and policy intentions in relation to the new mental health legislation. The
Summary of proposed reforms provides details of the key elements of reform and an opportunity to begin
planning for implementation.
The Mental Health Act Implementation Project team was established to lead this work, in partnership with
consumers, their carers and families, and service providers. The aim of the Mental Health Act Implementation
Project is to effectively prepare for and achieve a coordinated and smooth transition to the new Mental Health
Act.
This bulletin is the first in a series designed to inform stakeholders including consumers, their carers and
families, and service providers of the progress towards mental health legislative reform.
Summary of proposed reforms
The Summary of proposed reforms paper presents the major reforms that the government intends to
incorporate into Victoria’s new mental health legislative framework. At the heart of the legislative reforms is a
supported decision-making model, which enables all consumers a voice in their assessment, treatment and
recovery.
The new legislation will also:
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promote recovery-oriented practice through the establishment of various mechanisms that will facilitate
strong partnerships between patients and practitioners
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focus on minimising the duration of compulsory treatment and if it is required, ensuring that compulsory
treatment is provided in the least restrictive and least intrusive manner possible
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increase safeguards to protect patient rights and dignity, including the establishment of a Mental Health
Tribunal and a Mental Health Complaints Commissioner, and
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encourage public sector clinicians and service providers to engage in continuous service improvement.
These reforms will result in significant changes to Victoria’s mental health system and will provide important
opportunities to reinvigorate the service system and improve outcomes for people living with mental illness.
The Summary of proposed reforms paper can also be downloaded from the Reform of the Mental Health Act
webpage <http://www.health.vic.gov.au/mentalhealth/mhactreform/>.
An overview of the proposed reforms is provided in the following diagram.
Department of Health
Diagram: Summary of reform objectives, actions and outcomes
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Department of Health
Progress update
Drafting of the Bill
Work is progressing on the drafting of the Mental Health Bill (the Bill) consistent with the policy directions
outlined in the Summary of proposed reforms document.
It is anticipated that the Mental Health Bill will be introduced into Parliament this year. It is expected that the new
Mental Health Act will commence in 2014.
The Exposure Draft Mental Health Bill that was released for public comment in October 2010 is no longer
government policy and accordingly has been removed from the department’s website.
Legislation Expert Panel
The Minister for Mental Health, the Hon Mary Wooldridge MP, will appoint a Legislation Expert Panel to review
a draft of the Bill and provide advice on whether the Bill reflects the government’s policy intentions and
responds to the matters raised in submissions and during consultations.
Visits to Area Mental Health Services
The Mental Health Act Implementation Project team has been visiting area mental health services progressively
to discuss the Summary of Proposed Reforms. These visits will continue throughout April, May and June 2013.
Information systems
In preparation for the new Mental Health Act, the Mental Health Act Implementation Project team is working in
consultation with key stakeholders to map changes to the department’s statewide mental health client
information management system, the Client Management Interface and Operational Data Store (CMI/ODS).
Information systems are also being developed for the Mental Health Tribunal, the Mental Health Complaints
Commissioner and the Chief Psychiatrist.
Preparing the workforces
A request for tender was advertised in January 2013 seeking a suitably qualified and experienced service
provider to develop a strategic Workforce Action Plan to support the transition to the new mental health
legislation. This project will be informed by the Summary of Proposed Reforms document and includes
forecasting of key changes required under the proposed reforms. A project plan will be developed that sets out
key workforce planning and development activities that need to be undertaken to support services prepare their
workforces to transition to the new legislation. This work will be undertaken in consultation with key
stakeholders, including consumers and their carers and families, and will focus on supporting the workforces to
align both practice and culture with the statutory requirements and overarching objectives of the new legislation.
Advisory structures
A time-limited Project Advisory Group has been established and met for the first time in March 2013. This group
brings together key stakeholders with relevant expertise and experience to provide advice and input to the
Mental Health Act Implementation Project. Terms of reference and membership of this group will be made
available at the Reform of the Mental Health Act website <www.health.vic.gov.au/mentalhealth/mhactreform/>.
The work of the Project Advisory Group will be complemented by a number of other stakeholder workshops,
forums and reference groups that will be convened as required over the life of the project to inform and support
various elements of implementation.
MHA Implementation Project Officers in health services
Health services have recently received notification of the intention to fund a dedicated MHA Implementation
Project Officer at each area mental health service for 12 months from June 2013. MHA Implementation Project
Officers will be working in coordination with the Mental Health Act Implementation Project team to assist their
respective health services prepare for the transition to a new Act.
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Department of Health
Progress update
Over the coming months work will commence on additional implementation projects that will support the smooth
transition to the new legislation. These projects will be developed in partnership with key stakeholders. We will
keep you updated on their progress and the status of the legislation through these bulletins and the Reform of
the Mental Health Act website www.health.vic.gov.au/mentalhealth/mhactreform/.
I look forward to working with you on this important project and thank you for your interest and continued
commitment to improving the health and wellbeing of people living with mental illness.
Paul Smith
Executive Director,
Mental Health, Drugs & Regions Division
Department of Health
To receive this publication in an accessible format phone 1300 656 692 or email
mhactreform@health.vic.gov.au. Authorised and published by the Victorian Government, Melbourne.
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Department of Health