Review of the Mental Health Act

By Mary Quinn

The Mental Health Act 1986 (Vic) is currently being reviewed by the Victorian Department of Human Services to determine how it can best provide care and treatment for Victorians who live with a serious mental illness. Public consultation forums were held earlier this year by the independent Community Consultation Panel, chaired by Mr Julian Gardner, and will play a key part in informing the direction of the review.

The Mental Health Act provides for the involuntary treatment of people with a serious mental illness who satisfy certain legislative criteria.

Some key areas for review as set out in the Consultation Paper include:

• the criteria for involuntary treatment;
• the time-frame for review of involuntary orders;
• the regulation of restrictive practices such as restraint and seclusion;
• the regulation of procedures such as electro-convulsive therapy; and
• patient and carer participation in treatment decision-making.

The review of the Mental Health Act is especially pertinent in light of new obligations arising from the Victorian Charter of Human Rights and Responsibilities Act 2006  and the United Nations’ Convention on the Rights of Persons with Disabilities.

Involuntary treatment under the Mental Health Act engages a range of human rights as articulated in the Charter, including: the right to freedom from medical treatment without full, free and informed consent; the right to freedom of movement; the right to privacy; and the right to liberty. Recently, VCAT confirmed that these rights are engaged by the Charter in the Kracke decision.

The Panel is currently preparing a report to advise the Minister of proposals for reform.

More information about the Review of the Mental Health Act can be found at:
www.health.vic.gov.au/mentalhealth/mhactreview