MENTAL HEALTH AND WELLBEING ACT 2022

Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022

TABLE OF PROVISIONS

Preamble

PART 1.1--PURPOSES AND COMMENCEMENT

1. Purposes
2. Commencement

PART 1.2--INTERPRETATION

3. Definitions
4. Meaning of mental illness in this Act
5. What is treatment?
6. What are appropriate supports?
7. Communicating under this Act
8. Examining under this Act
9. Avoiding unnecessary duplication
10. Interpretation of this Act and the mental health and wellbeing principles
11. Act binds the Crown

PART 1.3--OBJECTIVES

12. Objectives

PART 1.4--STATEMENT OF RECOGNITION AND ACKNOWLEDGEMENT OF TREATY PROCESS

13. Statement of Recognition

PART 1.5--MENTAL HEALTH AND WELLBEING PRINCIPLES

15. Mental health and wellbeing principles
16. Dignity and autonomy principle
17. Diversity of care principle
18. Least restrictive principle
19. Supported decision making principle
20. Family and carers principle
21. Lived experience principle
22. Health needs principle
23. Dignity of risk principle
24. Wellbeing of young people principle
25. Diversity principle
26. Gender safety principle
27. Cultural safety principle
28. Wellbeing of dependents principle

PART 1.6--APPLICATION OF MENTAL HEALTH AND WELLBEING PRINCIPLES AND FAMILY VIOLENCE LIMITATION

29. Mental health and wellbeing service providers to make all reasonable efforts
30. Mental health and wellbeing service providers to address one or more mental health and wellbeing principles in annual report
31. Information sharing limitation if there may be a risk of family violence or other serious harm

PART 2.1--SUPPORTING PATIENT RIGHTS

32. Designated mental health service must determine if patient has an advance statement of preferences or a nominated support person
33. Duty to ensure all reasonable efforts are made to give effect to patient's advance statement of preferences
34. Designated mental health service must take reasonable steps
35. Taking reasonable steps

PART 2.2--STATEMENT OF RIGHTS

36. What is a statement of rights?
37. Requirement to provide a statement of rights
38. Form of statement of rights
39. Explanation of statement of rights
40. Statement of rights to be given to support persons

PART 2.3--NON-LEGAL MENTAL HEALTH ADVOCACY SERVICES

41. Primary non-legal mental health advocacy service provider and other providers
42. Chief Officer to issue protocols to non-legal mental health advocacy service providers and mental health and wellbeing service providers
43. Notifications
44. Role of non-legal mental health advocacy service providers
45. Role of a mental health advocate
46. Role of a mental health advocates in relation to a child or young person
47. What can a mental health advocate do?
48. Consumer instructions to mental health advocate
49. Mental health and wellbeing service provider to give reasonable assistance
50. Consideration of mental health and wellbeing principles
51. Opt-out register

PART 2.4--RIGHT TO COMMUNICATE

52. Definition
53. Right to communicate
54. Restriction on right to communicate
55. Persons to be notified of restriction on inpatient's right to communicate
56. Restriction on right to communicate to be monitored regularly

PART 2.5--ADVANCE STATEMENTS OF PREFERENCES

57. What is an advance statement of preferences?
58. Making an advance statement of preferences
59. Revoking an advance statement of preferences
60. Advance statement of preferences must not be amended

PART 2.6--NOMINATED SUPPORT PERSONS

61. Role of nominated support person
62. Nomination of a nominated support person
63. Acceptance
64. When is a nomination revoked?
65. How may a person who made a nomination revoke it?
66. How may a nominated support person resign?

PART 2.7--SECOND PSYCHIATRIC OPINIONS IN RELATION TO COMPULSORY TREATMENT AND CERTAIN ORDERS

67. Right to a second psychiatric opinion
68. Who may give a second psychiatric opinion?
69. Functions of a psychiatrist giving a second opinion
70. Powers of a psychiatrist giving a second psychiatric opinion
71. Reasonable assistance must be provided
72. Second psychiatric opinion report
73. Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances
74. Authorised psychiatrist must review eligible patient's treatment in specified circumstances
75. Application to chief psychiatrist for review of treatment
76. Review by chief psychiatrist
77. Application for review may be withdrawn

PART 3.1--DECISION MAKING PRINCIPLES FOR TREATMENT AND INTERVENTIONS

78. Application of Part
79. Care and transition to less restrictive support principle
80. Consequences of compulsory assessment and treatment and restrictive interventions principle
81. No therapeutic benefit to restrictive interventions principle
82. Balancing of harm principle
83. Autonomy principle
84. Chief psychiatrist may prepare guidelines in relation to the decision making principles for treatment and interventions

PART 3.2--CAPACITY AND INFORMED CONSENT

85. Presumption that person has capacity to give informed consent
86. When does a person give informed consent?
87. When does a person have capacity to give informed consent?

PART 3.3--TREATMENT

88. Patients to be treated for mental illness
89. When a patient does not have capacity to give informed consent or does not give informed consent to treatment
90. Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist

PART 3.4--MEDICAL TREATMENT

91. Giving informed consent to medical treatment
92. Who may consent to medical treatment if patient does not have capacity to give informed consent?
93. Matters authorised psychiatrist must consider in consenting to medical treatment for a patient

PART 3.5--ELECTROCONVULSIVE TREATMENT

Division 1--General

94. Electroconvulsive treatment must not be performed other than in accordance with this Part
95. What is a course of electroconvulsive treatment?
96. Mental Health Tribunal order authorising course of electroconvulsive treatment
97. Listing and completion of applications to the Mental Health Tribunal under this Part

Division 2--Adult patients

98. Authority to perform electroconvulsive treatment on an adult patient
99. Application to Mental Health Tribunal for course of electroconvulsive treatment—adult patient
100. Determination of an application for an order—adult patient
101. Notification of the making of an order—adult patient
102. When does a course of electroconvulsive treatment begin and end?

Division 3--Use of electroconvulsive treatment on adults who are not patients

103. Authority to perform electroconvulsive treatment on an adult who is not a patient
104. Application to Mental Health Tribunal for course of electroconvulsive treatment—person who is an adult and not a patient
105. Determination of an application for an order—adult who is not a patient
106. Notification of the making of an order—adult who is not a patient
107. When does a course of electroconvulsive treatment begin and end?

Division 4--Young patients

108. Authority to perform electroconvulsive treatment on a young patient
109. Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient
110. Determination of an application for an order—young patient
111. Notification of the making of an order—young patient
112. When does a course of electroconvulsive treatment begin and end?

Division 5--Use of electroconvulsive treatment on young persons who are not patients

113. Authority to perform course of electroconvulsive treatment on a young person who is not a patient
114. Application to Mental Health Tribunal for course of electroconvulsive treatment—young person who is not a patient
115. Determination of an application for an order—young person who is not a patient
116. Notification of the making of an order—young person who is not a patient
117. When does a course of electroconvulsive treatment begin and end?

Division 6--Reporting

118. Reporting to the chief psychiatrist

PART 3.6--NEUROSURGERY FOR MENTAL ILLNESS

119. Mental Health Tribunal must approve all neurosurgery for mental illness
120. Psychiatrist may apply to Mental Health Tribunal for approval to perform neurosurgery for mental illness
121. Powers of Mental Health Tribunal in respect of application for neurosurgery for mental illness
122. Notice of decision
123. Report to chief psychiatrist
124. Hearing of application to perform neurosurgery for mental illness

PART 3.7--RESTRICTIVE INTERVENTIONS

Division 1--Use of restrictive interventions under this Act

125. Responsibilities of service providers and others to aim to reduce and eliminate the use of restrictive interventions
126. Restrictive intervention must not be used on certain persons other than in accordance with this Part
127. Restrictive intervention for permitted purpose only
128. Restrictive intervention only if necessary and if all reasonable and less restrictive options have been tried or considered
129. Ending a restrictive intervention

Division 2--Use of restrictive interventions in a designated mental health service

130. Application of Division
131. Matters to be considered if authorising restrictive intervention
132. Use of restrictive intervention must be authorised
133. Considerations and reasons for using restrictive intervention must be documented
134. Notification to, and initial examination by, authorised psychiatrist
135. Notification of use of restrictive intervention—other persons
136. Facilities and supplies to be provided to person subject to restrictive intervention
137. Monitoring of person subject to restrictive intervention
138. Review of use of restrictive intervention and report to chief psychiatrist following use of restrictive interventions

Division 3--Chemical restraint during transport

139. Use of chemical restraint during transport

Division 4--Immunity

140. Immunity

PART 4.1--PRELIMINARY

141. Immunity
142. Compulsory assessment criteria
143. Compulsory treatment criteria

PART 4.2--ASSESSMENT ORDERS

Division 1--Making of assessment order

144. Making of assessment order
145. Community or inpatient assessment order
146. What does an assessment order authorise?
147. Duration of assessment order
148. Contents of assessment order
149. Inpatient assessment order—patient to be transported to designated mental health service as soon as practicable
150. Information to be given to assessment patient
151. Authorised psychiatrist to be notified of making of assessment order
152. Other persons to be notified of making of assessment order

Division 2--Variation of assessment order

153. Variation of assessment order—community or inpatient
154. Duration of varied assessment order
155. Variation of assessment order—responsible designated mental health service
156. Information to be given to assessment patient in relation to varied order
157. Authorised psychiatrist to be notified of variation of assessment order
158. Other persons to be notified of variation of assessment order

Division 3--Examination and restrictions on treatment

159. Examination of assessment patient by authorised psychiatrist
160. Restrictions on treatment while assessment order is in force

Division 4--Revocation and extension of assessment order

161. Revocation of assessment order by authorised psychiatrist
162. Information to be given to patient if authorised psychiatrist revokes assessment order
163. Other persons to be notified if authorised psychiatrist revokes assessment order
164. Assessment order revoked on making of temporary treatment order
165. Extension of assessment order
166. Information to be given to assessment patient in relation to extension of assessment order
167. Other persons to be notified of extension of assessment order

PART 4.3--COURT ASSESSMENT ORDERS

Division 1--Notifications after making of court assessment order

168. Information to be given to court assessment patient
169. Other persons to be notified of making of court assessment order

Division 2--Variation of court assessment order

170. Authorised psychiatrist may change setting of assessment
171. Information to be given to court assessment patient in relation to assessment change
172. Court to be notified of assessment change
173. Other persons to be notified of assessment change

Division 3--Assessment and restrictions on treatment

174. Examination of court assessment patient by authorised psychiatrist
175. Restrictions on treatment while court assessment order is in force
176. Completion of assessment
177. Authorised psychiatrist to provide report to court
178. Information to be given to court assessment patient in relation to completion of assessment
179. Other persons to be notified of completion of assessment

PART 4.4--TEMPORARY TREATMENT ORDERS

180. Making of temporary treatment order
181. Community or inpatient temporary treatment order
182. What does a temporary treatment order authorise?
183. Duration of temporary treatment order
184. Contents of temporary treatment order
185. Inpatient temporary treatment order—patient to be transported to designated mental health service as soon as practicable
186. Information to be given to temporary treatment patient
187. Mental Health Tribunal to be notified of making of temporary treatment order
188. Other entities to be notified of making of temporary treatment order

PART 4.5--TREATMENT ORDERS

189. Temporary treatment patient—Mental Health Tribunal must conduct hearing
190. Treatment patient—application for another treatment order
191. Requirements for treatment order application
192. Mental Health Tribunal may make treatment order
193. Duration of treatment order
194. Community or inpatient treatment order
195. What does a treatment order authorise?
196. Contents of treatment order
197. Inpatient treatment order—patient to be transported to designated mental health service as soon as practicable
198. Information to be given to treatment patient
199. Other entities to be notified of making of treatment order

PART 4.6--VARIATION AND REVOCATION OF TEMPORARY TREATMENT ORDERS AND TREATMENT ORDERS

Division 1--Variation of temporary treatment orders and treatment orders

200. Variation of temporary treatment order or treatment order—community to inpatient
201. Variation of temporary treatment order or treatment order—inpatient to community
202. Information to be included on varied order
203. Notification requirements for varied order
204. Treatment order—hearing to determine community to inpatient variation

Division 2--Revocation and expiry of temporary treatment orders and treatment orders

205. Revocation of temporary treatment order or treatment order by authorised psychiatrist
206. Application to Mental Health Tribunal to revoke temporary treatment order or treatment order
207. Determination of revocation application
208. Revocation of temporary treatment order in other circumstances
209. Revocation of treatment order in other circumstances
210. Information to be given to patient in relation to revoked order
211. Other entities to be notified of revocation of order

PART 4.7--LEAVE OF ABSENCE

212. Grant of leave of absence
213. Variation of leave of absence
214. Determining the period and any conditions of leave
215. Information to be given to person granted leave
216. Other persons to be notified about grant or variation of leave
217. Revocation of leave of absence
218. Information to be given to person in relation to revoked leave
219. Other persons to be notified about revocation of leave
220. Persons to be notified if person is absent without leave
221. Authorised psychiatrist may arrange for person who is absent without leave to be transported to a designated mental health service

PART 4.8--ASSESSMENT OR TREATMENT BY ANOTHER DESIGNATED MENTAL HEALTH SERVICE

222. Application and purpose of Part
223. Variation of order to enable assessment or treatment at another designated mental health service
224. Requirement to have regard to views and preferences of certain persons
225. Action to be taken after variation of order
226. Application to review variation of order

PART 4.9--IMPACT OF DETENTION OF PERSON IF SUBJECT TO ORDER UNDER THIS CHAPTER

227. Effect of detention in custody on certain orders

PART 5.1--PRINCIPLES AND DEFINITIONS

228. Health led response principle
229. Consideration of mental health and wellbeing principles
230. Least restrictive approach principle
231. Definitions

PART 5.2--POWER TO TAKE A PERSON INTO CARE AND CONTROL IN A MENTAL HEALTH CRISIS

232. Taking a person into care and control in a mental health crisis
233. Exercise of clinical judgement in a mental health crisis
234. Authorised person must arrange for a person in care and control to be examined
235. Transfer of care and control for the purposes of arranging an examination
236. Obligations of an authorised person to whom a person's care and control has been transferred
237. Accepting care and control of a person at a specified body
238. Authorised person may release a person from care and control
239. When does an authorised person's care and control end under this Part?

PART 5.3--POWER TO TAKE A PERSON INTO CARE AND CONTROL FOR THE PURPOSES OF TRANSPORT UNDER THE ACT

240. Application of Part
241. Taking a person into care and control for the purposes of transport
242. Transfer of care and control for the purposes of transport
243. Obligations of an authorised person to whom a person's care and control has been transferred
244. Accepting care and control of a person at a designated mental health service or place
245. When does an authorised person's care and control end under this Part?

PART 5.4--POWER OF AUTHORISED PERSONS TO ENTER PREMISES

246. Authorised person may enter premises

PART 5.5--POWER OF AUTHORISED PERSONS TO SEARCH, SEIZE AND SECURE

247. Authorised person may search a person
248. Preservation of privacy and dignity during search
249. Authorised person may seize and secure things found during search of person

PART 5.6--USE OF BODILY RESTRAINT ON PERSON TAKEN INTO CARE AND CONTROL

250. Authorised person may use bodily restraint

PART 5.7--GENERAL PROVISIONS RELATING TO POWERS OF AUTHORISED PERSONS

251. Authorised person may be assisted by another authorised person
252. Information to be provided by an authorised person on taking person into care and control
253. Immunity

PART 6.1--THE HEALTH SECRETARY

Division 1--Role and functions of the Health Secretary

254. Functions of the Health Secretary
255. Consideration of mental health and wellbeing principles
256. Delegation by Health Secretary
257. Emergency declaration of designated mental health services

Division 2--Information collection

258. Information sharing agreements
259. Health Secretary may collect information

PART 6.2--THE CHIEF OFFICER FOR MENTAL HEALTH AND WELLBEING

260. Chief Officer for Mental Health and Wellbeing
261. Functions of the Chief Officer
262. Consideration of mental health and wellbeing principles
263. Powers of the Chief Officer
264. Guidelines in relation to the operation of community advisory committees and regional multiagency panels

PART 6.3--THE CHIEF PSYCHIATRIST

Division 1--The chief psychiatrist

265. The chief psychiatrist
266. Role of the chief psychiatrist
267. Functions of the chief psychiatrist
268. Consideration of mental health and wellbeing principles
269. Staff
270. Contractors
271. Delegation
272. Member of staff of clinical mental health service provider to give any reasonable assistance
273. Standards, guidelines and practice directions prepared and issued by chief psychiatrist
274. Annual report

Division 2--Authorised officers

275. Chief psychiatrist may appoint authorised officers
276. Identity cards
277. Production of identity card

Division 3--Investigations by the chief psychiatrist

278. Investigations by the chief psychiatrist when health, safety or wellbeing of a person endangered
279. Conduct of investigations
280. Report and recommendations following investigation by chief psychiatrist
281. Response of mental health and wellbeing service provider to recommendations and directions
282. Outcome report and any response to be given to Health Secretary and Chief Officer
283. Publication of outcome report and any response
284. Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances

Division 4--Clinical reviews

285. Purpose of clinical reviews
286. Clinical review by chief psychiatrist
287. Notice of intention to conduct clinical review to be provided
288. Clinical review report and recommendations
289. Interim clinical review report
290. Response of clinical mental health service provider to recommendations
291. Monitoring of clinical mental health service provider may continue
292. Clinical review report and any response to be given to Health Secretary and Chief Officer
293. Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances
294. Publication of clinical review report

Division 5--Directions

295. Directions to a specific clinical mental health service provider or clinical mental health service providers generally

Division 6--Powers of search and entry

296. Definition
297. Powers of entry
298. Power to give written direction to persons to produce documents or answer questions

Division 7--Confidentiality obligations

299. Definitions
300. Confidentiality obligations applying in respect of information from clinical review
301. Confidentiality of documents
302. Use or disclosure of information permitted to prevent serious harm
303. Disapplication of Freedom of Information Act 1982
304. Application of Health Records Act 2001

PART 6.4--REGIONAL MENTAL HEALTH AND WELLBEING BOARDS

Division 1--Establishment of regional mental health and wellbeing boards

305. Establishment of regional mental health and wellbeing boards
306. Terms of reference
307. Functions of a regional mental health and wellbeing board
308. Consideration of mental health and wellbeing principles
309. Advice to Minister
310. Powers of a regional mental health and wellbeing board
311. Facilities and resources

Division 2--Members of regional mental health and wellbeing board

312. Appointment of members
313. Terms and conditions of appointment of a member
314. Vacancy and resignation
315. Removal from office

Division 3--Community advisory committees

316. Regional mental health and wellbeing boards may establish community advisory committees
317. Procedure of community advisory committees

PART 6.5--PANELS

Division 1--Regional multiagency panels

318. Appointment of regional multiagency panels
319. Membership of regional multiagency panel
320. Functions of a regional multiagency panel
321. Consideration of mental health and wellbeing principles
322. Facilities and resources
323. Procedure of regional multiagency panel

Division 2--Statewide panel

324. Appointment of statewide panel
325. Function of statewide panel
326. Consideration of mental health and wellbeing principles
327. Procedure for statewide panel

PART 6.5A--MENTAL HEALTH WORKFORCE SAFETY AND WELLBEING COMMITTEE

327A. Mental Health Workforce Safety and Wellbeing Committee
327B. Objectives of the Mental Health Workforce Safety and Wellbeing Committee

PART 6.6--AUTHORISED PSYCHIATRISTS

328. Appointment of authorised psychiatrist
329. Delegation

PART 7.1--ESTABLISHMENT OF THE MENTAL HEALTH TRIBUNAL

330. Establishment of the Mental Health Tribunal
331. Official seal of Mental Health Tribunal
332. Functions of the Mental Health Tribunal
333. Consideration of mental health and wellbeing principles
334. General powers of the Mental Health Tribunal
335. Protection of Tribunal members, persons and witnesses

PART 7.2--MEMBERSHIP OF THE MENTAL HEALTH TRIBUNAL

336. Members of the Mental Health Tribunal
337. President
338. Deputy President
339. Senior Tribunal members and ordinary Tribunal members
340. Legal members
341. Psychiatrist members
342. Registered medical practitioner members
343. Community members
344. Acting President or Acting Deputy President
345. Remuneration and allowances
346. Public Administration Act 2004 does not apply to Tribunal members
347. Resignation of Tribunal member
348. Suspension from office
349. Investigation of member
350. Vacation and removal from office

PART 7.3--ADMINISTRATION

351. Employment of staff
352. Functions of principal registrar
353. Functions of registrars
354. Delegation by President and Deputy President
355. Secrecy
356. Register of proceedings
357. Annual report of the Mental Health Tribunal

PART 7.4--DIVISIONS OF THE MENTAL HEALTH TRIBUNAL

358. Divisions of the Mental Health Tribunal
359. Constitution of the Mental Health Tribunal
360. When can the Mental Health Tribunal be constituted by a single member?
361. Presiding member

PART 7.5--PROCEDURE OF THE MENTAL HEALTH TRIBUNAL

362. General procedure of the Mental Health Tribunal
363. Who are the parties to a proceeding?
364. Joinder of parties
365. Appearance and representation at hearing
366. Interpreters
367. Form and content of applications to the Mental Health Tribunal
368. Principal registrar may reject certain applications
369. Review by President
370. Withdrawal of applications and striking out of proceeding
371. Notice of hearing
372. Multiple matters or proceedings in respect of one person may be held concurrently
373. Access to documents
374. Adjournment of certain hearings only in exceptional circumstances
375. Hearings to be closed to the public
376. Details of person not to be published without consent of President and subject person
377. Determination of proceeding
378. Questions of law
379. Referral of question of law to Supreme Court
380. Requesting a statement of reasons
381. Correction of order or statement of reasons
382. Validity of proceedings
383. Review by VCAT
384. Use of experts
385. Witness summons
386. Failure to comply with witness summons
387. False or misleading information
388. Contempt of the Mental Health Tribunal

PART 7.6--RULES COMMITTEE

389. Establishment of Rules Committee
390. Functions of the Rules Committee
391. Power to make rules and issue practice notes
392. Membership of the Rules Committee
393. Meeting procedure
394. Validity of decisions of Rules Committee

PART 8.1--APPOINTMENT OF COMMUNITY VISITORS

395. Appointment of community visitors
396. Terms and conditions of appointment of a community visitor
397. Vacancy and resignation
398. Removal from office

PART 8.2--FUNCTIONS AND POWERS OF COMMUNITY VISITORS

399. Functions of a community visitor
400. Consideration of mental health and wellbeing principles
401. Visits to prescribed premises by community visitors
402. Request to see a community visitor
403. Reasonable assistance to be given to community visitors

PART 8.3--COMMUNITY VISITORS MENTAL HEALTH BOARD

404. Establishment of the Community Visitors Mental Health Board
405. Membership of the Community Visitors Mental Health Board
406. Functions of the Community Visitors Mental Health Board
407. Community Visitors Mental Health Board may refer a matter

PART 8.4--REPORTS AND CONFIDENTIALITY

408. Reports by community visitors and the Community Visitors Mental Health Board
409. Annual report of Community Visitors Mental Health Board
410. Confidentiality

PART 9.1--MENTAL HEALTH AND WELLBEING COMMISSION

Division 1--Mental Health and Wellbeing Commission

411. Establishment of the Mental Health and Wellbeing Commission
412. Common seal
413. Objectives of the Mental Health and Wellbeing Commission
414. Consideration of mental health and wellbeing principles
415. Functions of the Mental Health and Wellbeing Commission
416. Powers of the Mental Health and Wellbeing Commission
417. Delegation
418. Staff of the Mental Health and Wellbeing Commission
419. Chief Executive Officer of the Mental Health and Wellbeing Commission
419A. Meetings of the Mental Health and Wellbeing Commission
419B. General procedure
419C. Validity of acts or decisions

Division 2--Mental Health and Wellbeing Commissioners

420. Appointment of Mental Health and Wellbeing Commissioners
421. Terms and conditions of appointment
422. Vacancy and resignation
423. Removal from office
424. Acting appointment
425. Protection from liability
426. Functions and powers of a Mental Health and Wellbeing Commissioner

Division 3--Reports

427. Annual report
428. Reports to the Parliament
429. Content of reports tabled in Parliament

PART 9.2--COMPLAINTS

Division 1--Making a complaint

430. Guiding principles of the Mental Health and Wellbeing Commission in relation to complaints
431. Complaint by consumer
432. Complaint by person (other than consumer)
433. Complaint by carer, family member or supporter
434. When can a complaint be made?
435. How is a complaint made?
436. Mental Health and Wellbeing Commission must provide reasonable assistance to a person making or confirming a complaint
437. Record of complaint
438. Preconditions to handling a complaint made on behalf of or in relation to a consumer
439. Preconditions to handling a complaint made by carers, family members or supporters
440. Preliminary options for responding to complaint—information
441. Preliminary options for responding to complaint—early resolution options
442. Complaints referred to the Mental Health and Wellbeing Commission
443. Notifying entities that Commission will deal with referred complaints
444. Notification by consumer who does not wish to be party to a complaint
445. Withdrawal of complaint

Division 2--Procedure when a complaint is made to the Mental Health and Wellbeing Commission

446. Decision whether or not to deal with complaint
447. Grounds for not dealing with a complaint
448. Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent
449. Complaint to which National Law may also apply
450. Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint
451. Decision on how the Mental Health and Wellbeing Commission will deal with a complaint
452. Notification of complaint resolution process
453. Complaint resolution agreements
454. Mental Health and Wellbeing Commission may divide or concurrently deal with complaints
455. Participation of mental health and wellbeing service provider in complaint resolution process
456. Parties' withdrawal of agreement to complaint resolution process
457. Mental Health and Wellbeing Commission may cease complaint resolution process
458. Mental health and wellbeing service provider may be required to respond
459. Mental Health and Wellbeing Commission's power to extend time limit

Division 3--Conciliation

460. Conciliation
461. Party may be represented at conciliation
462. Mental health and wellbeing service provider may be required to produce documents in conciliation
463. Confidentiality of conciliation process
464. Completion of conciliation

Division 4--Complaint handling standards and procedures for receiving, managing and resolving complaints

465. Mental Health and Wellbeing Commission must prepare complaint handling standards
466. Mental Health and Wellbeing Commission must review complaint handling standards
467. Amendment or revocation of complaint handling standards
468. Date on which Order making or revoking complaint handling standards takes effect
469. Mental health and wellbeing service provider must establish procedures for receiving, managing and resolving complaints

Division 5--Deferral of notification

470. Deferral of notification by the Mental Health and Wellbeing Commission
471. Deferral of notification at the request of the National Board
472. Deferral of notification at the request of the Disability Services Commissioner
473. Deferral of notification at the request of the Health Complaints Commissioner
474. Deferral of notification at the request of the Victorian Disability Worker Commissioner

Division 6--Judicial Proceedings Reports Act 1958

474A. Disclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958
474B. Disclosure of information in the performance of functions not prevented by orders under Part 3 of Judicial Proceedings Reports Act 1958

PART 9.3--UNDERTAKINGS AND COMPLIANCE NOTICES

475. Undertakings and compliance notices while dealing with a complaint or during an investigation

PART 9.4--INVESTIGATIONS BY THE MENTAL HEALTH AND WELLBEING COMMISSION

Division 1--Investigations

476. Investigation of a complaint by the Mental Health and Wellbeing Commission
477. Referred investigations
478. Own initiative investigations
479. Mental Health and Wellbeing Commission must not conduct investigation while conciliation is on foot
480. Notice of investigation

Division 5--of Part 9.2 provides for the deferral of the giving of notice under this section in certain circumstances.

481. Investigation report
482. Persons to whom an investigation report must be given
483. Response by mental health and wellbeing service provider

Division 2--Follow up investigations

484. Power of Mental Health and Wellbeing Commission to conduct a follow up investigation
485. Notice of follow up investigation
486. Commencement of follow up investigation
487. Follow up investigation report
488. Persons to whom follow up investigation report to be given
489. Response by mental health and wellbeing service provider

Division 3--Conduct of investigations, authorised investigators and related powers

490. Conduct of investigations
491. Investigation requirements if there is no hearing
492. Investigation requirements if there is a hearing
493. Authorised investigator
494. Identification of authorised investigator
495. Authorised investigator must produce identification
496. Powers of entry to the premises of a mental health and wellbeing service provider

Division 4--Investigation notices, investigation hearings and powers related to investigation hearings

497. Power to compel production of documents and things or attendance of witnesses—investigation notice
498. Offence to fail to comply with investigation notice
499. Variation of investigation notice
500. Power to take evidence on oath or affirmation in investigation hearing
501. Powers in relation to documents and things produced during investigation hearing or under investigation notice

PART 9.5--COMPLIANCE NOTICES

502. Compliance notice
503. Application for review—compliance notice
504. Offence not to comply with compliance notice

PART 9.6--INQUIRIES

505. Power of the Mental Health and Wellbeing Commission to conduct inquiry
506. Conduct of inquiry
507. Inquiry report

PART 9.7--PROTECTIONS AND LEGAL REPRESENTATION

508. Compellability of a Mental Health and Wellbeing Commissioner or member of staff
509. Protection of participants in an investigation
510. Protection for persons who make a complaint
511. Privilege against self-incrimination
512. Legal professional privilege and client legal privilege
513. Offence to threaten etc. complainant
514. Offence to refuse to employ, dismiss or subject a person to detrimental action
515. Offence to make false statements
516. Legal representation

PART 9.8--CONFIDENTIALITY, INFORMATION COLLECTION AND INFORMATION SHARING

Division 1--Disclosure of information

517. Non-disclosure of information—investigations and complaint data reviews
518. Non-disclosure of information—complaint resolution processes
519. Non-disclosure of information given in conciliation
520. Non-disclosure of identifying information
521. Mental Health and Wellbeing Commission may require information to be provided by mental health and wellbeing service provider
522. Mental Health and Wellbeing Commission may give information to other bodies or jurisdictions
523. Mental Health and Wellbeing Commission is authorised to receive information under the Health Practitioner Regulation National Law
524. Requirement to provide reasonable assistance to the Mental Health and Wellbeing Commission
525. Mental Health and Wellbeing Commission may collect information
526. Mental Health and Wellbeing Commission may collect data and information from mental health and wellbeing service providers and data sharing bodies
527. Information sharing agreements

PART 9.9--COMPLAINT DATA REVIEW

528. Power to conduct a complaint data review
529. Conduct of a complaint data review
530. Complaint data review report
531. Persons to whom complaint data review report to be given
532. Response by mental health and wellbeing service provider

PART 10.1--PRELIMINARY

533. Construction of references

PART 10.2--SECURE TREATMENT ORDER

534. What is a secure treatment order?
535. Making a secure treatment order
536. Notification of receipt of security patient subject to a secure treatment order
537. Application to revoke secure treatment order
538. Mental Health Tribunal hearing in relation to secure treatment order
539. Discharge of person subject to a secure treatment order

PART 10.3--COURT SECURE TREATMENT ORDERS

540. Taking person subject to court secure treatment order from prison and transporting to designated mental health service
541. Notification of receipt of security patient subject to a court secure treatment order
542. Application to Mental Health Tribunal in relation to security patient subject to court secure treatment order
543. Mental Health Tribunal hearing in relation to court secure treatment order
544. Discharge of person subject to a court secure treatment order

PART 10.4--LEAVE OF ABSENCE

545. Grant of leave of absence
546. Revocation of leave of absence
547. Notification requirements for leave of absence
547A. Authorised psychiatrist may arrange for security patient who is absent without leave to be transported to a designated mental health service
548. Application to Mental Health Tribunal for review of decision not to grant leave of absence

PART 10.5--MONITORED LEAVE

549. Monitored leave application and grant
550. Monitored leave conditions, duration and variation
551. Matters to take into account for monitored leave
552. Applicant profiles and leave plans for monitored leave
553. Revocation of monitored leave
554. Notification requirements for monitored leave

PART 10.6--TRANSPORTING SECURITY PATIENTS TO ANOTHER DESIGNATED MENTAL HEALTH SERVICE

555. Authorised psychiatrist may direct security patient to be transported to another designated mental health service
556. Chief psychiatrist may direct security patient to be transported to another designated mental health service
557. Role of authorised psychiatrist in transporting security patient to another designated mental health service
558. Application to Mental Health Tribunal for review of direction to transport security patient to another designated mental health service

PART 10.7--GENERAL SECURITY PATIENT MATTERS

559. Cessation of security patient status
560. Security conditions
561. Notification and directions following discharge of security patient subject to court secure treatment order or secure treatment order
562. Custody of security patients
563. Warrant to arrest security patient absent without leave who leaves Victoria

PART 10.8--INTERSTATE SECURITY PATIENTS

564. Definitions for this Part
565. Warrant to arrest interstate security patient who absconds to Victoria
566. Orders that Magistrates' Court may make in respect of interstate security patients
567. Translated sentence for interstate security patient
568. Matters relating to translated sentences
569. Definitions for this Chapter
570. Notification when forensic patient received other than under section 571, 572, 573 or 574
571. Authorised psychiatrist may direct forensic patient be transported to another designated mental health service
572. Chief psychiatrist may direct forensic patient to be transported to another designated mental health service
573. Role of authorised psychiatrist in transferring forensic patient
574. Application to Forensic Leave Panel for review of decision to transport forensic patient to another designated mental health service

Division 3--of Part 7 of, and Schedule 2 to, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 deal with procedure of the Forensic Leave Panel.

575. Security conditions
576. Leave of absence for forensic patient
576A. Authorised psychiatrist may arrange for forensic patient who is absent without leave to be transported to a designated mental health service
577. What is an intensive monitored supervision order?
578. Intensive monitored supervision criteria
579. Examination before application for an intensive monitored supervision order
580. Information which must be provided with an application for an intensive monitored supervision order
581. Application to Mental Health Tribunal for intensive monitored supervision order
582. Mental Health Tribunal powers in respect of applications under this Chapter
583. Intensive monitored supervision order
584. Notice of making of order
585. Facilities and supplies to be provided to patient subject to intensive monitored supervision order
586. Intensive monitored supervision clinical committee
587. Monitoring of patient subject to intensive monitored supervision order
588. Intensive monitored supervision must end if patient no longer poses unacceptable risk
589. Application for revocation of intensive monitored supervision order
590. Review of use of intensive monitored supervision
591. Report on use of intensive monitored supervision to be given to chief psychiatrist
592. Immunity

PART 13.1--GENERAL

593. Corresponding laws and orders
594. Ministerial agreements
595. Victorian officers may exercise powers under corresponding laws
596. Interstate officers may perform functions or exercise powers in Victoria

PART 13.2--ASSESSMENT UNDER VICTORIAN ORDERS INTERSTATE AND CORRESPONDING ORDERS IN VICTORIA

597. Assessment of person from Victoria at interstate mental health facility
598. Assessment of interstate person in Victoria

PART 13.3--INTERSTATE TRANSFERS

599. Transfer out of Victoria of responsibility for treatment—with person's consent
600. Interstate transfer of person—with person's consent
601. Transfer out of Victoria of responsibility for treatment (interstate transfer of treatment order)—without person's consent
602. Interstate transfer of person—without person's consent
603. Information to be given to transferring patient
604. Other entities to be notified of making of transfer order
606. Transfer of a person to Victoria

PART 13.4--INTERSTATE APPLICATION OF VICTORIAN ORDERS

607. Interstate application of Victorian orders

PART 13.5--PERSONS ABSENT WITHOUT LEAVE WHO ARE INTERSTATE

608. Persons absent without leave from interstate facilities
609. Persons absent without leave from designated mental health service

PART 14.1--PRELIMINARY

610. Victorian Institute of Forensic Mental Health
611. Trading name
612. Institute represents the Crown
613. Functions of the Institute
614. Powers of the Institute
615. Consideration of mental health and wellbeing principles

PART 14.2--INSTITUTE BOARD

616. Institute Board
617. Functions of Institute Board
618. Constitution of Institute Board
619. Appointment of directors
620. Terms and conditions of appointment of directors
621. Resignation and removal from office
622. Protection from liability
623. Validity of acts or decisions
624. Procedure of Institute Board
625. Guidelines of Minister
626. Appointment of delegate to Institute Board
627. Functions of delegate
628. Obligations of Institute Board to delegate

PART 14.3--GENERAL

629. Chief executive officer
630. Other employees
631. Minister may issue directions to Institute
632. Health Secretary may issue directions to Institute
633. Strategic plan
634. Statement of priorities
635. Institute Board to give notice of significant events

PART 14.4--DUTY OF CANDOUR

636. Definitions
637. Duty of candour
638. Apology not admission of liability
639. Non-compliance with duty of candour

PART 15.1--VICTORIAN COLLABORATIVE CENTRE FOR MENTAL HEALTH AND WELLBEING

Division 1--Establishment, functions and powers

640. Establishment
641. Official seal
642. Centre represents the Crown
643. Functions of the Centre
644. Powers of the Centre
645. Consideration of mental health and wellbeing principles
646. Centre to enter into agreements with designated mental health service and academic institution

Division 2--Centre Board

647. Centre Board
648. Functions of the Centre Board
649. Remuneration
650. Terms of office
651. Resignation
652. Removal from office
653. Chairperson
654. Acting chairperson
655. Meetings of the Centre Board
656. Establishment of committees
657. Guidelines
658. Delegation

Division 3--Directors and staff

659. Directors
660. Acting Director
661. Functions and powers of the Directors
662. Delegation
663. Staff

Division 4--Directions, guidelines, statements of priorities and strategic plans

664. Minister may issue directions
665. Minister may issue guidelines
666. Statement of priorities
667. Strategic plan

Division 5--Reports

668. Annual report
669. Reports to the Minister and the Health Secretary
670. Reports to the Minister

Division 6--Information collection

671. Centre may collect information

PART 15.2--REVIEW OF OPERATION

672. Review of operation of Centre's governance model

PART 16.1--YOUTH MENTAL HEALTH AND WELLBEING VICTORIA

Division 1--Establishment, functions and powers

673. Establishment
674. Official seal
675. Youth Mental Health and Wellbeing Victoria represents the Crown
676. Functions of Youth Mental Health and Wellbeing Victoria
677. Powers of Youth Mental Health and Wellbeing Victoria
678. Consideration of mental health and wellbeing principles

Division 2--The Youth Mental Health and Wellbeing Board

679. Youth Mental Health and Wellbeing Board
680. Constitution and appointment of Youth Mental Health and Wellbeing Board
681. Functions of the Youth Mental Health and Wellbeing Board
682. Remuneration
683. Terms of office
684. Resignation
685. Removal from office
686. Delegation
687. Validity of acts or decisions
688. Chairperson
689. Procedure of the Youth Mental Health and Wellbeing Board
690. Establishment of committees
691. Guidelines
692. Staff

Division 3--Delegates

693. Appointment of delegates
694. Term of appointment
695. Resignation and revocation of appointment
696. Functions of delegate
697. Obligations of the Youth Mental Health and Wellbeing Board to a delegate

PART 16.2--DIRECTIONS, GUIDELINES, STATEMENTS OF PRIORITIES, STRATEGIC PLANS AND SERVICE AGREEMENTS

698. Minister may issue directions
699. Strategic plan
700. Statement of priorities
701. Notice to Minister and Health Secretary of matters of public concern or risk
702. Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria
703. Service agreements

PART 16.3--DECLARED OPERATORS PROVIDING YOUTH MENTAL HEALTH AND WELLBEING SERVICES

Division 1--Declared operators

704. Declared operators
705. Entities that are designated mental health services as a result of declaration under section 704
706. Functions of a declared operator under a service agreement with Youth Mental Health and Wellbeing Victoria
707. Statement of priorities with declared operators

Division 2--Suspension of services or appointment of administrator

708. Powers of Minister
709. Suspension of admission of patients
710. Appointment of administrator
711. Administrator may recommend termination of service agreement
712. Application for review by VCAT
713. Displacement of other law—appointment of administrator provisions

PART 16.4--GENERAL

714. Youth Mental Health and Wellbeing Victoria may collect information
715. Disclosure of information
716. Mental health and wellbeing service provider may be audited
717. Powers of auditors
718. Confidentiality requirements
719. Annual report

PART 17.1--DISCLOSURE OF HEALTH INFORMATION

Division 1--Information sharing principles

720. Information sharing principles
721. Entity to give proper consideration to information sharing principles
722. Disclosure, collection and use of information principle
723. Dignity of person paramount principle
724. Aboriginal and Torres Strait Islander information principle
725. Accessibility of information principle
726. Accuracy of information principle

Division 2--Electronic health information system

727. Electronic health information system
728. Information from electronic health information system

Division 3--Disclosure of health information

729. Disclosure of health information with consent of person
730. Permitted disclosure of health information without consent of person
731. Disclosure at key points of care
732. Mental health and wellbeing service provider may refuse to disclose despite consent

Division 4--Information sharing between mental health and wellbeing service providers and specified service providers

733. Collection, use and disclosure of personal or health information
734. Health information to be shared with emergency service providers

Division 5--Offences

735. Offence to use or disclose electronic health information system information without authorisation
736. Offence to use electronic health information system in a manner unauthorised
737. Offence to damage, destroy or remove electronic health information system information without authorisation
738. Destroying or damaging information held by mental health and wellbeing service providers

PART 17.2--HEALTH INFORMATION STATEMENTS

739. Statement following health information refusal
740. Health information statement

PART 17.3--NOTIFICATION OF REPORTABLE DEATHS

741. Chief psychiatrist to be notified of reportable deaths
742. Notification of death of security patient or forensic patient

PART 17.4--MENTAL HEALTH AND WELLBEING SURCHARGE

743. Mental health and wellbeing surcharge—appropriation of Consolidated Fund

PART 17.5--MISCELLANEOUS PROVISIONS

Division 1--General

744. Power to commence a proceeding
745. Payment for examination
746. Offence to give false or misleading information
747. Destroying or damaging records
748. Privilege against self-incrimination
749. Validity of order if there is an error
750. Defect in appointment or delegation
751. Conflict of interest
752. Service of documents
753. Immunity—Part 17.1

Division 2--Codes of Practice

754. Purpose of Codes of Practice
755. Making of Codes of Practice
756. Commencement and availability of Codes of Practice
757. Codes of Practice may apply, adopt or incorporate

Division 3--Review of this Act

758. Review of this Act

Division 4--Regulations

759. Regulations
760. Fees

PART 18.1--REPEALS

761. Repeal of Mental Health Act 2014 and Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021

PART 18.2--SAVINGS AND TRANSITIONAL PROVISIONS

762. Application of Interpretation of Legislation Act 1984
763. Mental Health Tribunal
764. Rules Committee
765. Chief psychiatrist and authorised officers
766. Reportable deaths
767. Victorian Collaborative Centre for Mental Health and Wellbeing
768. Community visitors
769. Right to communicate
770. Advance statements
771. Nominated persons
772. Medical treatment
773. Second psychiatric opinions
774. Electroconvulsive treatment
775. Neurosurgery for mental illness
776. Seclusion and bodily restraint
777. Victorian Institute of Forensic Mental Health
778. Electronic health information system
779. Assessment orders
780. Court assessment orders
781. Temporary treatment orders
782. Treatment orders
783. Regulations dealing with transitional matters
ENDNOTES

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