New Victorian Mental Health and Wellbeing Act 2022

The new Victorian Mental Health and Wellbeing Act 2022 will come into effect on 1 September 2023. Here’s a summary of the major changes.

Context

The new Act replaces the Mental Health Act 2014 and this was one of the key recommendations from the Royal Commission into Victoria’s Mental Health System (Recommendation 41). Even in its name, it’s got a broader focus on wellbeing, as well as inclusion, diversity and respecting the rights of people seeking support.

What is happening?

The new Act is revamping the whole mental health and wellbeing system – it’s laying a whole new foundation and a shift in philosophy.

• it’s MUCH more rights-based
  It emphasises the protection of rights, dignity and supported decision making (especially for people in compulsory care). I particularly was impressed with a specific recognition of the right to take reasonable risks for personal growth.

• Increased focus on inclusivity, diversity and safety
  There is a big expansion on the need to create tailored and individualised services. There are provisions for gender safety, ensuring lived experiences underpin support and specific considerations for Aboriginal and Torres Strait Islander peoples

• Stronger accountability measures
  There are a number of new roles for oversight and complaints handling, and providers are required to comply to more stringent standards (esp. with ensuring the rights of clients, safety and inclusivity). There’s a new Mental Health and Wellbeing Commission, a new entity called Youth Mental Health and Wellbeing Victoria, and a whole range of Boards and Panels that focus on collaboration and accountability.

• Emphasis on lived experience and support systems
  The Act puts significant focus on the lived experiences of people and their supporters (eg. families and carers) – recognising them as valuable leaders and partners.
  
  

Guiding principles

The Act has created 13 key principles to guide practice. I’ve themed it into the following major categories:

• Respect for individual rights and autonomy
  There are some principles around ensuring services provide the least restrictive service possible, that clients are better supported to make decisions, including the autonomy to take risks.

• Inclusivity and diversity
  These include recognising the diverse needs of clients and recognising intersectionality, with a specific focus on both cultural and gender safety. It includes the need to be responsive and provide clients with a diverse and tailored range of care and support.

• Support and recognition of lived experience
  A few principles outline that lived experiences (including families and carers) should underpin all the work mental health and wellbeing supports provide. It has a particular emphasis on ensuring children and young people’s voices are heard.

• Health and wellbeing focus:
  These principles emphasise the need to look broader than historically narrow focus of mental health – with a focus on wellbeing, physical health and the needs of dependents.
  
  

Read more

• More about the guiding principles underpinning the new Act

• More about the key differences between the old and new Act

• You just want to read the new Act (have fun)