Mental Health Act 2014 (Vic)

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Version No. 026

Mental Health Act 2014

No. 26 of 2014

Version incorporating amendments as at


28 June 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4What is mental illness?

5What are the treatment criteria?

6What is treatment?

8Provision of advice, notification or information under this Act

9Act binds the Crown

Part 2—Objectives and mental health principles

10Objectives

11The mental health principles

Part 3—Protection of rights

Division 1—Statement of rights

12What is a statement of rights?

13Statement of rights must be explained

Division 2—Right to communicate

14Definition

15Right to communicate

16Restriction on right to communicate

17Persons to be notified of restriction on inpatient's right to communicate

18Restriction on right to communicate to be monitored regularly

Division 3—Advance statements

19What is an advance statement?

20Making an advance statement

21Revoking an advance statement

22Advance statement must not be amended

Division 4—Nominated persons

23Role of nominated person

24Nomination of nominated person

25Revocation of nomination

26Revocation of nomination by person who made the nomination

27Nominated person may decline to act as nominated person at any time

Part 4—Compulsory patients

Division 1—Assessment Orders

28What is an Assessment Order?

29Criteria for an Assessment Order

30Making an Assessment Order

31Contents of an Assessment Order

32Information requirements in relation to an Assessment Order

33Person subject to an Inpatient Assessment Order to be taken to a designated mental health service

34Duration of an Assessment Order

35Variation of an Assessment Order

36Assessment of person subject to Assessment Order by authorised psychiatrist

37Revocation or expiry of an Assessment Order

38Treatment during an Assessment Order

Division 2—Court Assessment Orders

39Examination by authorised psychiatrist

40Notification requirements in relation to Court Assessment Orders

41Variation of a Court Assessment Order

42Treatment during Court Assessment Order

43Authorised psychiatrist to provide report to court

44Authorised psychiatrist may make Temporary Treatment Order

Division 3—Temporary Treatment Orders

45What is a Temporary Treatment Order?

46Authorised psychiatrist may make Temporary Treatment Order

47Restriction on who can make Temporary Treatment Order

48Community or Inpatient Temporary Treatment Order?

49Contents of a Temporary Treatment Order

50Information and other requirements in relation to Temporary Treatment Orders

51Duration of a Temporary Treatment Order

Division 4—Treatment Orders

52What is a Treatment Order?

53Tribunal to determine whether to make person subject to Treatment Order

54Authorised psychiatrist may make an application for a Treatment Order

55Making a Treatment Order

56Contents of a Treatment Order

57Duration of a Treatment Order

Division 5—Variation of Temporary Treatment Orders and Treatment Orders

58Variation of Temporary Treatment Orders and Treatment Orders

59Requirements in relation to varied Temporary Treatment Orders and Treatment Orders

Division 6—Revocation and Expiry of Temporary Treatment Orders and Treatment Orders

60Application to Tribunal to revoke Temporary Treatment Order or Treatment Order

61Revocation of Temporary Treatment Order or Treatment Order if treatment criteria do not apply

62Expiry of Temporary Treatment Order or Treatment Order if certain other Orders made

63Notification requirements for expired or revoked Temporary Treatment Orders and Treatment Orders

Division 7—General provisions

64Leave of absence with approval

65Another designated mental health service to provide assessment or treatment—variation by authorised psychiatrist or as directed by chief psychiatrist

66Application for review of direction to vary Order

67Effect of detention in custody on certain Orders

Part 5—Treatment

Division 1—Capacity and informed consent

68Capacity to give informed consent under this Act

69Meaning of informed consent

70Presumption that person has capacity to give informed consent

71When a patient does not give consent to treatment

Division 2—Treatment

72Patients to be treated for mental illness

73Circumstances in which patient's preferences in advance statement may be overridden

Division 3—Medical treatment

74Giving informed consent to medical treatment

75Who may consent to medical treatment if patient does not have capacity to give informed consent?

76Matters authorised psychiatrist must have regard to if consenting to medical treatment of patient

Division 4—Second psychiatric opinions

78Definition

79Right to a second psychiatric opinion

80Who may give a second psychiatric opinion?

81Functions of a psychiatrist giving a second opinion

82Powers of a psychiatrist giving a second psychiatric opinion

83Reasonable assistance must be provided

84Second psychiatric opinion report

85Authorised psychiatrist must assess entitled patient (other than forensic patient) again in specified circumstances

86Authorised psychiatrist must review entitled patient's treatment in specified circumstances

87Application to chief psychiatrist for review of treatment

88Review by chief psychiatrist

89Application for review may be withdrawn

Division 5—Electroconvulsive treatment

90Definitions

91Meaning of a course of electroconvulsive treatment

92When may electroconvulsive treatment be performed?

93Application to Tribunal to perform electroconvulsive treatment on a patient who is not a young person

94Application to perform electroconvulsive treatment on a young person

94AApplication to perform electroconvulsive treatment on an other applicable person

95Listing of electroconvulsive treatment applications by Tribunal

96Powers of Tribunal in respect of electroconvulsive treatment application

97Order approving electroconvulsive treatment

98Electroconvulsive treatment must not be performed in certain circumstances

99Use of electroconvulsive treatment to be reported to chief psychiatrist

Division 6—Neurosurgery for mental illness

100Psychiatrist may apply to Tribunal for approval to perform neurosurgery for mental illness

101Listing of application to perform neurosurgery for mental illness

102Powers of Tribunal in respect of application for neurosurgery for mental illness

103Notice of decision

104Report to chief psychiatrist

Part 6—Restrictive interventions

Division 1—General

105When may a restrictive intervention be used?

106Facilities and supplies to be provided to person

107Notification of use of restrictive intervention

108Use of restrictive intervention to be reported to chief psychiatrist

109Release from restrictive intervention

Division 2—Seclusion

110When may seclusion be used?

111Use of seclusion to be authorised

112Monitoring of person in seclusion

Division 3—Bodily restraint

113When may a bodily restraint be used?

114Use of bodily restraint to be authorised

115Urgent use of bodily restraint without authorisation

116Monitoring of person on whom a bodily restraint is used

Part 7—Administration

Division 1—The Secretary

117Role of Secretary

118Functions of the Secretary

Division 2—The chief psychiatrist

119The chief psychiatrist

120The role of the chief psychiatrist

121Functions of the chief psychiatrist

122Investigations by chief psychiatrist

123Powers of entry

124Power to give written direction to persons to produce documents or answer questions

125Member of staff of mental health service provider to give any reasonable assistance

126Report and recommendations following investigation by chief psychiatrist

127Report and response to be given to the Secretary

128Publication and response

129Chief psychiatrist may give written directions to mental health service providers

130Chief psychiatrist may conduct clinical reviews

131Chief psychiatrist to give notice of intention to conduct clinical review

132Clinical review reports and recommendations

133Standards, guidelines or practice directions to address systemic issues identified in clinical review

134Chief psychiatrist may conduct clinical practice audit

135Chief psychiatrist must make record

136Reports

137Reports to be given to the Secretary

138Publication of report

139Standards, guidelines or practice directions to address systemic issues identified in clinical practice audit

140Confidentiality obligations applying in respect of information from clinical practice audit or clinical review

141Confidentiality of documents

142Provision of staff

143Contractors

144Power of chief psychiatrist to delegate

145Reports submitted by the chief psychiatrist

Division 3—Authorised officers

146Chief psychiatrist may appoint authorised officers

147Identity cards

148Production of identity card

Division 4—Designated mental health services

149Emergency declaration of designated mental health services

150Appointment of authorised psychiatrist

151Authorised psychiatrist may delegate powers and functions

Part 8—Mental Health Tribunal

Division 1—Establishment of the Mental Health Tribunal

152Establishment of the Mental Health Tribunal

153Functions of the Tribunal

154General powers of the Tribunal

155Protection of members, persons and witnesses

Division 2—Membership of the Tribunal

156Membership

157President

158Deputy President

159Senior members and ordinary members

160Legal members

161Psychiatrist members

162Registered medical practitioner members

163Community members

164Appointments to act as President or Deputy President

165Remuneration and allowances

166Public Administration Act 2004 does not apply to members

167Resignation

168Suspension

169Investigation

170Vacation and removal from office

Division 3—Administration

171Employment of staff

172Functions of principal registrar

173Functions of registrars

174Delegation

175Secrecy

176Register of proceedings

177Annual report of the Tribunal

Division 4—Tribunal divisions

178Divisions of the Tribunal

179Constitution of the Tribunal

180Presiding member

Division 5—Procedure of the Tribunal

181General procedure

182Who are the parties to a proceeding?

183Joinder of parties

184Appearance and representation at hearing

185Interpreters

186Form and content of applications to the Tribunal

187Principal registrar may reject certain applications

188Withdrawal of proceedings

189Notice of hearing

190Multiple matters in respect of one person may be held concurrently

191Access to documents

192Adjournment of certain hearings only in exceptional circumstances

193Hearings to be closed to the public

194Details of person not to be published without consent of President

195Determination of proceedings

196Questions of law

197Referral of question of law to Court

198Requesting a statement of reasons

199Correction of Order or statement of reasons

200Validity of proceedings

201Review by VCAT

202Use of experts

203Witness summons

204Failure to comply with summons

205False or misleading information

206Contempt of the Tribunal

Division 6—Rules Committee

207Establishment of Rules Committee

208Functions of the Rules Committee

209Power to make rules and issue practice notes

210Membership of the Rules Committee

211Meeting procedure

212Validity of decisions

Part 9—Community visitors

213Definition

214Appointment of community visitors

215General provisions as to community visitors

216Functions of a community visitor

217Powers of community visitors

218When may community visitors visit prescribed premises?

219Request to see a community visitor

220Reasonable assistance to be given to community visitors

221Community Visitors Mental Health Board

222Matter may be referred

223Reports by community visitors

224Annual report of Community Visitors Mental Health Board

225Secrecy provision

Part 10—Complaints

Division 1—The Mental Health Complaints Commissioner

226Mental Health Complaints Commissioner

227Vacation of office

228Functions of the Commissioner

229Powers of the Commissioner

230Provision of staff and contractors

231Protection from liability

Division 2—Complaints management by the Commissioner

232Making a complaint to the Commissioner

233Referred complaints

234Grounds for making a complaint

235How to make a complaint

236Time by when complaint to be made

237Withdrawal of complaint

238Preliminary assessment of complaint

239Information relating to complaint to be provided

240Circumstances in which Commissioner may close a complaint

241Notice of complaint closure

242Referring a complaint with or without consent

242AComplaint to which National Law may also apply

243Commissioner may accept complaints and undertakings

Division 3—Conciliation

244Conciliation process

245Parties may be represented at conciliation

246Discontinuation of conciliation

248Conciliation agreements

249Non-disclosure of information given in conciliation

Division 4—Investigations

250Identity cards for investigators

251Identity cards to be produced by investigators

252Investigation of a complaint

253Notice of investigation

254Power of entry

255Powers to compel attendance and call for evidence and documents

256Restrictions on powers

257Report of findings following investigation

258Mental health service provider response to report

259Publication of report

Division 5—Compliance notices

260Compliance notice

261Application for review—compliance notice

262Offence not to comply with compliance notice

Division 6—General

263Requirement to provide reasonable assistance to Commissioner

264Person not to be penalised because of complaining to Commissioner

265Disclosure of information

266Local complaint mechanisms to be established by mental health service providers

267Mental health service providers to provide reports on complaints

268Annual report of the Commissioner

Part 11—Security patients

Division 1—Preliminary

269Construction of references

Division 2—Court Secure Treatment Orders

270Taking person subject to a Court Secure Treatment Order from prison to designated mental health service

271Notification of receipt of security patient subject to a Court Secure Treatment Order

272Application to Tribunal in relation to security patient subject to Court Secure Treatment Order

273Tribunal hearing in relation to Court Secure Treatment Order

274Discharge of person subject to a Court Secure Treatment Order

Division 3—Secure Treatment Order

275What is a Secure Treatment Order?

276Making a Secure Treatment Order

277Notification of receipt of security patient subject to a Secure Treatment Order

278Application for revocation of Secure Treatment Order

279Tribunal hearing in relation to Secure Treatment Order

280Discharge of person subject to a Secure Treatment Order

Division 4—Leave of absence

281Grant of leave of absence

282Revocation of leave of absence

283Notification requirements for leave of absence

284Application to Tribunal

Division 5—Monitored leave

285Monitored leave application and grant

286Monitored leave conditions, duration and variation

287Matters to take into account

288Applicant profiles and leave plans for monitored leave

289Revocation of monitored leave

290Notification requirements for monitored leave

Division 6—Taking security patients to another designated mental health service

291Authorised psychiatrist may direct security patient to be taken to another designated mental health service

292Chief psychiatrist may direct security patient to be taken to another designated mental health service

293Role of authorised psychiatrist in taking security patient to another designated mental health service

294Application to Tribunal for review of direction to take security patient to another designated mental health service

Division 7—General security patient matters

295Cessation of security patient status

296Security conditions

297Notification and directions following discharge of security patient subject to Court Secure Treatment Order or Secure Treatment Order

298Custody of security patients

299Warrant to arrest security patient absent without leave who leaves Victoria

Division 8—Interstate security patients

300Definitions

301Warrant to arrest interstate security patient who absconds to Victoria

302Orders that Magistrates' Court may make in respect of interstate security patients

303Translated sentence for interstate security patient

304Provisions relating to translated sentences

Part 12—Forensic patients

305Definition

307Authorised psychiatrist may direct taking forensic patient to another designated mental health service

308Chief psychiatrist may direct forensic patient to be taken to another designated mental health service

309Role of authorised psychiatrist in transferring forensic patient

310Application to Forensic Leave Panel for review of decision to take forensic patient to another designated mental health service

311Security conditions

312Leave of absence for forensic patient

Part 13—Interstate application of mental health provisions

Division 1—General

313Definitions

314Corresponding laws and Orders

315Ministerial agreements

316Victorian officers may exercise powers under corresponding laws

317Interstate officers may perform functions or exercise powers in Victoria

Division 2—Operation of Victorian Orders interstate and corresponding orders in Victoria

318Taking person from Victoria to interstate mental health facility for assessment

319Taking person from interstate to Victoria for assessment

320Transfer of responsibility for treatment of person to interstate mental health facility—with person's consent

321Transfer of responsibility for treatment of person to interstate mental health facility—without person's consent

322Taking person to interstate mental health facility—with person's consent

323Taking person to interstate mental health facility—without person's consent

324Person subject to interstate compulsory order taken to Victoria to determine suitability for Temporary Treatment Order

325Interstate application of Victorian Orders

Division 3—Persons absent without leave

326Apprehension of persons absent without leave from interstate facilities

327Persons absent without leave from designated mental health service

Part 14—Victorian Institute of Forensic Mental Health

Division 1—Preliminary

328Victorian Institute of Forensic Mental Health

329Trading name

330Functions of the Institute

331Powers of the Institute

Division 2—Board of directors

332Board of directors

332AFunctions of the board

333Constitution of board of directors

334Appointment of directors

335Terms and conditions of appointment of directors

336Resignation and removal

337Protection from liability

338Validity of acts or decisions

339Procedure of board of directors

339AGuidelines of Minister

339BAppointment of delegate to board

339CFunctions of delegate

339DObligations of board to delegate

Division 3—General

340Chief executive officer

341Institute may employ persons

342Minister may issue directions

343Strategic plan

344Statement of priorities

345Board of directors to give notice of significant events

Division 4—Duty of candour

345ADefinitions

345BDuty of candour

345CApology not admission of liability

345DNon-compliance with duty of candour

Part 15—General

Division 1—Disclosure of health information

346Disclosure of health information

347Information from electronic health information system

Division 2—Notification of reportable deaths

348Chief psychiatrist to be notified of reportable deaths

349Notification of death of security patient or forensic patient

Division 3—Powers of transfer, apprehension, entry, search and seizure

350Bodily restraint and sedation may be used when taking person

351Apprehension of person by police officer or protective services officer

352Apprehension of person absent without leave

353Power to enter premises, apprehend and take person to or from a designated mental health service

354Search powers

355Preservation of privacy and dignity during search

356Power to seize and detain things

Division 4—General provisions

357Payment for examination

358Offence to give false or misleading information

359Destroying or damaging records

360Protection against self-incrimination

361Validity of order if there is an error

362Power to bring proceedings

363Defect in appointment or delegation

364Conflict of interest

365Service of documents

365AMental health and wellbeing surcharge—appropriation of Consolidated Fund

Division 5—Codes of Practice

366Purpose of Codes of Practice

367Making of Codes of Practice

368Commencement and availability of Codes of Practice

369Power to apply, adopt or incorporate

Division 6—Regulations

370Regulations

371Fees

Part 16—Repeal of Mental Health Act 1986, savings and transitional provisions

373Definitions

374Mental Health Act 1986 repealed

375Request and recommendation for involuntary treatment—section 9 of 1986 Act

376Authority to transport—section 9A of the 1986 Act

377Transfers and apprehensions

378Involuntary treatment order not confirmed—section 12 of the 1986 Act

379Involuntary treatment order not confirmed—section 12AA of the 1986 Act

380Involuntary treatment order not reviewed—section 12AC of the 1986 Act

381Continued detention and treatment of involuntary patient—sections 12A, 12C and 12D

382Community treatment order—section 14 of the 1986 Act—no review by Board

383Community treatment order—section 14—review and confirmation by Board

384Restricted community treatment order—section 15A of the 1986 Act

385Hospital transfer order and restricted hospital transfer order—section 16

386Transfer of person detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

387Appeals, reviews, proceedings and determinations

388Secrecy provisions

389Transfer of involuntary patient to another approved mental health service

390Leave of absence

391Discharge after absence

392Apprehension of involuntary patient absent without leave

393Transfer of security patient to another approved mental health service

394Involuntary treatment order reviewed and confirmed by Board—section 36 of the 1986 Act

395Leave of absence for security patients granted under section 51 of 1986 Act

396Special leave of absence for security patients granted under section 52 of 1986 Act

397Apprehension of security patient absent without leave under section 53 of 1986 Act

398Transfer of forensic patient to another approved mental health service

399Apprehension of forensic patient absent without leave under section 53AD of 1986 Act

400Psychosurgery

401Electroconvulsive therapy

402Restraint and seclusion

403Urgent non-psychiatric treatment

404Corresponding laws and orders

405Ministerial agreements

406Transfer of persons from this State

407Admission of persons from interstate

408Transfer of patients from this State

409Transfer of patients from interstate

410Apprehension of person absent from interstate facilities

411Escort of Victorian patients apprehended interstate

412Warrant to arrest interstate security patient who absconds to Victoria

413Orders Magistrates' Court may make in respect of interstate security patients

414Translated sentence for interstate security patient

415Emergency declaration of approved mental health services

416Authorized psychiatrist

417Provision of staff services

418Chief psychiatrist

419Authorised officers

420Reportable deaths

421Community visitors

422Victorian Institute of Forensic Mental Health

423Review of certain decision by VCAT

424Payment for recommendation

425Constitution of the Mental Health Tribunal

426President and members of the Mental Health Review Board

427Psychosurgery Review Board

428Repeal of spent provisions

Part 16A—General savings and transitionals

Division 1—Mental Health Amendment Act 2015

428ATransitional—Mental Health Amendment Act 2015

Division 2—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

429Definitions

430Complaints to the Commissioner

431The chief psychiatrist

432Community visitors

Division 3—Health Legislation Amendment and Repeal Act 2019

433Definitions

434Transfer of conciliation process to Commissioner

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 026

Mental Health Act 2014

No. 26 of 2014

Version incorporating amendments as at


28 June 2023

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to provide a legislative scheme for the assessment of persons who appear to have mental illness and for the treatment of persons with mental illness; and

(b)to provide for the appointment of the chief psychiatrist; and

(c)to establish the Mental Health Tribunal; and

(d)to establish the Mental Health Complaints Commissioner; and

(e)to continue the Victorian Institute of Forensic Mental Health; and

(f)to provide for the appointment and functions of community visitors; and

(g)to repeal the Mental Health Act 1986; and

(h)to amend the Sentencing Act 1991 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and

(i)to make consequential and statute law amendments to other Acts.

2Commencement

(1)This Act (other than subsections (2) and (3)) comes into operation on 1 July 2014.

(2)Section 456 comes into operation on the later of—

(a)1 July 2014; and

(b)the day on which section 278 of the Victoria Police Act 2013 comes into operation.

(3)Section 457 comes into operation on the later of—

(a)1 July 2014; and

(b)the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation.

3Definitions

(1)In this Act—

Aboriginal person means a person who—

(a)is descended from an Aborigine or Torres Strait Islander; and

(b)identifies as an Aborigine or Torres Strait Islander; and

(c)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

accept a complaint means agree to deal with a complaint;

Adult Parole Board means the Adult Parole Board established by section 61 of the Corrections Act 1986;

advance statement has the meaning given in section 19;

Assessment Order means an Order within the meaning of section 28;

Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

*                *                *                *                *

*                *                *                *                *

authorised officer means an authorised officer appointed under section 146;

authorised person means—

(a)a police officer; or

(b)an ambulance paramedic; or

(c)a registered medical practitioner employed or engaged by a designated mental health service; or

(d)a mental health practitioner; or

(e)a member of a class of prescribed persons;

authorised psychiatrist means a person appointed as an authorised psychiatrist for a designated mental health service under section 150;

authorised witness means—

(a)a registered medical practitioner; or

(b)a mental health practitioner; or

(c)a statutory declaration witness within the meaning of the Oaths and Affirmations Act 2018;

board of directors means the board of directors of the Victorian Institute of Forensic Mental Health;

bodily restraint means a form of physical or mechanical restraint that prevents a person having free movement of his or her limbs, but does not include the use of furniture (including beds with cot sides and chairs with tables fitted on their arms) that restricts the person's ability to get off the furniture;

capacity to give informed consent has the meaning given in section 68;

care by Secretary order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;

care relationship has the meaning given in section 4 of the Carers Recognition Act 2012;

carer has the same meaning as in section 3 of the Carers Recognition Act 2012 but does not include a parent if the person to whom care is provided is under the age of 16 years;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

chief psychiatrist means the person appointed as chief psychiatrist under section 119;

close a complaint means refuse to deal with a complaint or cease dealing with a complaint;

Commissioner means the person appointed as Mental Health Complaints Commissioner under section 226;

Community Assessment Order means an Order within the meaning of section 28(2);

Community Court Assessment Order means an Order within the meaning of section 90(2) of the Sentencing Act 1991;

Community Temporary Treatment Order means an Order within the meaning of section 45(2);

Community Treatment Order means an Order within the meaning of section 52(2);

Community Visitors Mental Health Board means the body referred to in section 221;

compliance notice means a notice served on a mental health service provider under section 260;

compulsory patient means a person who is subject to—

(a)an Assessment Order; or

(b)a Court Assessment Order; or

(c)a Temporary Treatment Order; or

(d)a Treatment Order;

consent, in relation to health information, has the same meaning as it has in section 3(1) of the Health Records Act 2001;

consumer means a person who—

(a)has received mental health services from a mental health service provider; or

(b)is receiving mental health services from a mental health service provider; or

(c)was assessed by an authorised psychiatrist and was not provided with treatment; or

(d)sought or is seeking mental health services from a mental health service provider and was or is not provided with mental health services;

Court Assessment Order means an Order within the meaning of section 90 of the Sentencing Act 1991;

Court Secure Treatment Order means an Order within the meaning of section 94A of the Sentencing Act 1991;

*                *                *                *                *

designated mental health service means—

(a)a prescribed public hospital within the meaning of section 3(1) of the Health Services Act 1988; or

(b)a prescribed public health service within the meaning of section 3(1) of the Health Services Act 1988; or

(c)a prescribed denominational hospital within the meaning of section 3(1) of the Health Services Act 1988; or

(d)a prescribed privately-operated hospital within the meaning of section 3(1) of the Health Services Act 1988; or

(e)a prescribed private hospital within the meaning of section 3(1) of the Health Services Act 1988 that is registered as a health service establishment under Part 4 of that Act; or

(f)the Victorian Institute of Forensic Mental Health; or

(g)the Victorian Collaborative Centre for Mental Health and Wellbeing;

designated place has the same meaning as in section 3(1) of the Victoria Police Act 2013;

diverse means culturally, religiously, racially and linguistically diverse;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

duty of candour, in relation to the provision of mental health services by—

(a)a mental health service provider other than the Institute, is the duty of candour specified in Division 9 of Part 5A of the Health Services Act 1988; and

(b)the Institute, is the duty of candour specified in Division 4 of Part 14;

electroconvulsive treatment means the application of electric current to specific areas of a person's head to produce a generalised seizure;

entitled patient has the meaning given in section 78;

family reunification order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005;

forensic patient has the meaning given in section 305;

guardian has the same meaning as it has in section 3(1) of the Guardianship and Administration Act 2019;

*                *                *                *                *

Health Complaints Commissioner means the person appointed under section 111 of the Health Complaints Act 2016;

health information has the same meaning as it has in section 3(1) of the Health Records Act 2001;

health practitioner means an individual who practises a health profession;

Health Privacy Principles means any of the Health Privacy Principles set out in Schedule 1 to the Health Records Act 2001;

health profession has the same meaning as in section 5 of the Health Practitioner Regulation National Law;

informed consent has the meaning given in section 69;

inpatient means a patient who is detained in a designated mental health service;

Inpatient Assessment Order means an Order within the meaning of section 28(3);

Inpatient Court Assessment Order means an Order within the meaning of section 90(3) of the Sentencing Act 1991;

Inpatient Temporary Treatment Order means an Order within the meaning of section 45(3);

Inpatient Treatment Order means an Order within the meaning of section 52(3);

Institute means the Victorian Institute of Forensic Mental Health continued under section 328;

instructional directive has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

investigator means a member of staff or a contractor referred to in section 230 to whom the Commissioner has delegated his or her investigative functions;

medical treatment has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016, but does not include treatment;

medical treatment decision maker has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

mental health practitioner means a person who is employed or engaged by a designated mental health service and is a—

(a)registered psychologist; or

(b)registered nurse; or

(c)social worker; or

(d)registered occupational therapist;

mental health principles means the principles specified in section 11;

mental health service provider means—

(a)a designated mental health service; or

(b)a publicly funded mental health community support service—

to the extent it provides services not funded by the National Disability Insurance Scheme within the meaning of the NDIS Act;

mental illness has the meaning given in section 4;

National Board has the same meaning as in the Health Practitioner Regulation National Law;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS Commission means the NDIS Quality and Safeguards Commission established under section 181A of the NDIS Act;

neurosurgery for mental illness means—

(a)any surgical technique or procedure by which one or more lesions are created in a person's brain on the same or on separate occasions for the purpose of treatment; or

(b)the use of intracerebral electrodes to create one or more lesions in a person's brain on the same or on separate occasions for the purpose of treatment; or

(c)the use of intracerebral electrodes to cause stimulation through the electrodes on the same or on separate occasions without creating a lesion in the person's brain for the purpose of treatment;

nominated person means a person who is nominated under section 24;

Panel means the Forensic Leave Panel established under section 59 of the Crimes(Mental Impairment and Unfitness to be Tried) Act 1997;

parent, in relation to a person under the age of 18 years, includes the following—

(a)a person who has custody or daily care and control of the person;

(b)a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to their children;

(c)any other person who has the legal right to make decisions about medical treatment of the person;

party in Part 10 means—

(a)a person who makes a complaint; or

(b)the consumer in relation to a complaint; or

(c)the mental health service provider in relation to which a complaint is made;

patient means—

(a)a compulsory patient; or

(b)a security patient; or

(c)a forensic patient;

police officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in section 3(1) of the Victoria Police Act 2013;

psychiatrist means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student);

Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;

registered dental practitioner means a person who is registered under the Health Practitioner Regulation National Law to practise in the dental profession (other than as a student);

registered medical practitioner means a person who is registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

registered nurse means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession;

registered occupational therapist means a person who is registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student);

registered psychologist means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

restrictive intervention means seclusion or bodily restraint;

rules, in Part 8, means rules made by the Rules Committee of the Tribunal;

seclusion means the sole confinement of a person to a room or any other enclosed space from which it is not within the control of the person confined to leave;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services;

*                *                *                *                *

Secretary to the Department of Justice and Regulation means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Justice and Regulation;

Secure Treatment Order means an Order within the meaning of section 275;

security patient means a person who is not subject to an Order made under Part 4, but is detained in a designated mental health service and is subject to (irrespective of whether the person is absent with or without leave from the designated mental health service)—

(a)a Court Secure Treatment Order; or

(b)a Secure Treatment Order;

senior available next of kin means—

(a)in relation to a deceased child—

(i)if a parent of the child is available, a parent of the child; or

(ii)if a parent of the child is not available, a brother or sister of the child who has attained the age of 18 years and who is available; or

(iii)if no person referred to in subparagraph (i) or (ii) is available, a person who was the guardian of the child immediately before the death of the child and who is available;

(b)in relation to any other deceased person—

(i)if the person, immediately before the person's death, had a spouse or domestic partner and that spouse or domestic partner is available, that spouse or domestic partner; or

(ii)if the person, immediately before the person's death, did not have a spouse or domestic partner or the spouse or domestic partner is not available, a son or daughter of the person who has attained the age of 18 years and who is available; or

(iii)if no person referred to in subparagraph (i) or (ii) is available but a parent of the person is available, that parent; or

(iv)if no person referred to in subparagraph (i), (ii) or (iii) is available, a brother or sister of the person who has attained the age of 18 years and is available;

statement of rights has the meaning given in section 12;

support person has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

Temporary Treatment Order means an Order within the meaning of section 45;

treatment has the meaning given in section 6;

treatment criteria has the meaning given in section 5;

Treatment Order means an Order within the meaning of section 52;

Tribunal means the Mental Health Tribunal established under section 152;

values directive has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;

Victorian Collaborative Centre for Mental Health and Wellbeing means the Victorian Collaborative Centre for Mental Health and Wellbeing established by section 5 of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

4What is mental illness?

(1)Subject to subsection (2), mental illness is a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory.

(2)A person is not to be considered to have mental illness by reason only of any one or more of the following—

(a)that the person expresses or refuses or fails to express a particular political opinion or belief;

(b)that the person expresses or refuses or fails to express a particular religious opinion or belief;

(c)that the person expresses or refuses or fails to express a particular philosophy;

(d)that the person expresses or refuses or fails to express a particular sexual preference, gender identity or sexual orientation;

(e)that the person engages in or refuses or fails to engage in a particular political activity;

(f)that the person engages in or refuses or fails to engage in a particular religious activity;

(g)that the person engages in sexual promiscuity;

(h)that the person engages in immoral conduct;

(i)that the person engages in illegal conduct;

(j)that the person engages in antisocial behaviour;

(k)that the person is intellectually disabled;

(l)that the person uses drugs or consumes alcohol;

(m)that the person has a particular economic or social status or is a member of a particular cultural or racial group;

(n)that the person is or has previously been involved in family conflict;

(o)that the person has previously been treated for mental illness.

(3)Subsection (2)(l) does not prevent the serious temporary or permanent physiological, biochemical or psychological effects of using drugs or consuming alcohol from being regarded as an indication that a person has mental illness.

5What are the treatment criteria?

The treatment criteria for a person to be made subject to a Temporary Treatment Order or Treatment Order are—

(a)the person has mental illness; and

(b)because the person has mental illness, the person needs immediate treatment to prevent—

(i)serious deterioration in the person's mental or physical health; or

(ii)serious harm to the person or to another person; and

(c)the immediate treatment will be provided to the person if the person is subject to a Temporary Treatment Order or Treatment Order; and

(d)there is no less restrictive means reasonably available to enable the person to receive the immediate treatment.

6What is treatment?

For the purposes of this Act—

(a)a person receives treatment for mental illness if things are done in the course of the exercise of professional skills—

(i)to remedy the person's mental illness; or

(ii)to alleviate the symptoms and reduce the ill effects of the person's mental illness; and

(b)treatment includes electroconvulsive treatment and neurosurgery for mental illness.

*                *                *                *                *

8Provision of advice, notification or information under this Act

(1)The contents of any advice, notice or information given or provided to a patient under this Act must be explained by the person giving the advice, notice or information to the maximum extent possible to the patient in the language, mode of communication and terms which the patient is most likely to understand.

(2)An explanation given under subsection (1) must, whenever reasonable, be given both orally and in writing.

9Act binds the Crown

(1)This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament extends, the Crown in all its other capacities.

(2)To avoid doubt, the Crown is a body corporate for the purposes of this Act and the regulations.

PART 2—OBJECTIVES AND MENTAL HEALTH PRINCIPLES

10Objectives

This Act has the following objectives—

(a)to provide for the assessment of persons who appear to have mental illness and the treatment of persons who have mental illness;

(b)to provide for persons to receive assessment and treatment in the least restrictive way possible with the least possible restrictions on human rights and human dignity;

(c)to protect the rights of persons receiving assessment and treatment;

(d)to enable and support persons who have mental illness or appear to have mental illness—

(i)to make, or participate in, decisions about their assessment, treatment and recovery; and

(ii)to exercise their rights under this Act;

(e)to provide oversight and safeguards in relation to the assessment of persons who appear to have mental illness and the treatment of persons who have mental illness;

(f)to promote the recovery of persons who have mental illness;

(g)to ensure that persons who are assessed and treated under this Act are informed of their rights under this Act;

(h)to recognise the role of carers in the assessment, treatment and recovery of persons who have mental illness;

(i)to promote continuous improvement in the quality and safety of the mental health services provided by mental health service providers.

11The mental health principles

(1)The following are the mental health principles—

(a)persons receiving mental health services should be provided assessment and treatment in the least restrictive way possible with voluntary assessment and treatment preferred;

(b)persons receiving mental health services should be provided those services with the aim of bringing about the best possible therapeutic outcomes and promoting recovery and full participation in community life;

(c)persons receiving mental health services should be involved in all decisions about their assessment, treatment and recovery and be supported to make, or participate in, those decisions, and their views and preferences should be respected;

(d)persons receiving mental health services should be allowed to make decisions about their assessment, treatment and recovery that involve a degree of risk;

(e)persons receiving mental health services should have their rights, dignity and autonomy respected and promoted;

(f)persons receiving mental health services should have their medical and other health needs, including any alcohol and other drug problems, recognised and responded to;

(g)persons receiving mental health services should have their individual needs (whether as to culture, language, communication, age, disability, religion, gender, sexuality or other matters) recognised and responded to;

(h)Aboriginal persons receiving mental health services should have their distinct culture and identity recognised and responded to;

(i)children and young persons receiving mental health services should have their best interests recognised and promoted as a primary consideration, including receiving services separately from adults, whenever this is possible;

(j)children, young persons and other dependents of persons receiving mental health services should have their needs, wellbeing and safety recognised and protected;

(k)carers (including children) for persons receiving mental health services should be involved in decisions about assessment, treatment and recovery, whenever this is possible;

(l)carers (including children) for persons receiving mental health services should have their role recognised, respected and supported.

(2)A mental health service provider must have regard to the mental health principles in the provision of mental health services.

(3)A person must have regard to the mental health principles in performing any duty or function or exercising any power under or in accordance with this Act.


PART 3—PROTECTION OF RIGHTS

Division 1—Statement of rights

12What is a statement of rights?

A statement of rights is a document in a form approved by the Secretary that—

(a)sets out a person's rights under this Act while being assessed or receiving treatment in relation to his or her mental illness; and

(b)contains information as to the process by which the person will be assessed or receive treatment.

13Statement of rights must be explained

(1)An authorised psychiatrist or psychiatrist (as the case may be) must ensure that when a person is given a statement of rights, the person also receives an oral explanation of the statement of rights.

(2)The person who gives an oral explanation of a statement of rights to another person under subsection (1) must answer any questions asked by that person as clearly and completely as possible.

(3)If the person to whom the statement of rights relates is incapable of understanding the information contained in the statement or the oral explanation at the time when it would otherwise be provided, the person who is to give the statement or oral explanation must ensure that reasonable further attempts are made to provide the information or explanation at a time when the person is able to understand the information or explanation.

Note

See also the requirements of section 8.

Division 2—Right to communicate

14Definition

In this Division, communicate, in relation to an inpatient, means—

(a)sending from, or receiving at, a designated mental health service uncensored private communication which may include communication by letter, telephone or electronic means; or

(b)receiving visitors at a designated mental health service at reasonable times, including the Australian legal practitioner or nominated person of the inpatient.

15Right to communicate

(1)Subject to this Division, an inpatient has a right to communicate lawfully with any person.

(2)Without limiting the generality of subsection (1), an inpatient has a right to communicate with any person for the purpose of seeking legal advice or legal representation.

(3)The members of staff of a designated mental health service must ensure that reasonable steps are taken to assist an inpatient to communicate lawfully with any person.

16Restriction on right to communicate

(1)Subject to subsection (2), an authorised psychiatrist may in writing direct staff at a designated mental health service to restrict an inpatient's right to communicate if the authorised psychiatrist is satisfied that the restriction is reasonably necessary to protect the health, safety and wellbeing of the inpatient or of another person.

(2)A direction cannot be given under subsection (1) which restricts an inpatient's right to communicate with—

(a)a legal representative; or

(b)the chief psychiatrist; or

(c)the Commissioner; or

(d)the Tribunal; or

(e)a community visitor; or

(f)a prescribed person or body.

(3)An authorised psychiatrist must ensure that if he or she directs that an inpatient's right to communicate be restricted, those restrictions are the least restrictive possible to protect the health, safety and wellbeing of the inpatient or of another person.

17Persons to be notified of restriction on inpatient's right to communicate

An authorised psychiatrist who makes a direction under section 16 to restrict an inpatient's right to communicate must ensure that reasonable steps are taken to inform the inpatient and the following persons in relation to the inpatient about the restriction, and the reason for it—

(a)the nominated person;

(b)a guardian;

(c)a carer, if the authorised psychiatrist is satisfied that the restriction will directly affect the carer and the care relationship;

(d)a parent, if the inpatient is under the age of 16 years;

(e)the Secretary, if the inpatient is the subject of a family reunification order or a care by Secretary order.

18Restriction on right to communicate to be monitored regularly

(1)An authorised psychiatrist who makes a direction under section 16 to restrict an inpatient's right to communicate must review his or her decision on a regular basis to determine whether the restriction needs to be continued.

(2)If the authorised psychiatrist is satisfied that it is no longer necessary to restrict the inpatient's right to communicate, the authorised psychiatrist must immediately cease the restriction.

Division 3—Advance statements

19What is an advance statement?

An advance statement is a document that sets out a person's preferences in relation to treatment in the event that the person becomes a patient.

20Making an advance statement

(1)An advance statement may be made at any time and must—

(a)be in writing; and

(b)be signed and dated by the person making the advance statement; and

(c)be witnessed by an authorised witness; and

(d)include a statement signed by the authorised witness stating that—

(i)in the opinion of the witness, the person making the advance statement understands what an advance statement is and the consequences of making the statement; and

(ii)the witness observed the person making the advance statement sign the statement; and

(iii)the witness is an authorised witness.

(2)An advance statement is effective from the time it is made until it is revoked.

21Revoking an advance statement

(1)An advance statement is revoked if the person who made the advance statement—

(a)makes a new advance statement under section 20; or

(b)revokes the advance statement in accordance with subsection (2).

(2)A revocation of an advance statement under this section must—

(a)be in writing and state that the advance statement made under section 20 is revoked; and

(b)be signed and dated by the person who made the revocation; and

(c)be witnessed by an authorised witness; and

(d)include a statement signed by the authorised witness stating that—

(i)in the opinion of the witness, the person revoking the advance statement understands the consequences of revoking the advance statement; and

(ii)the witness observed the person revoking the advance statement sign the revocation; and

(iii)the witness is an authorised witness.

22Advance statement must not be amended

(1)An advance statement must not be amended.

(2)A person who changes his or her mind about the preferences he or she expressed regarding treatment in an advance statement and who wishes to record new preferences must make a new advance statement under section 20.

Division 4—Nominated persons

23Role of nominated person

The role of a nominated person in relation to a patient is—

(a)to provide the patient with support and to help represent the interests of the patient; and

(b)to receive information about the patient in accordance with this Act; and

(c)to be one of the persons who must be consulted in accordance with this Act about the patient's treatment; and

(d)to assist the patient to exercise any right that the patient has under this Act.

24Nomination of nominated person

(1)Subject to this section, a person may nominate another person to be a nominated person for himself or herself.

(2)The nomination of a nominated person must—

(a)be in writing; and

(b)be signed and dated by the person making the nomination; and

(c)specify the name and contact details of the person nominated; and

(d)include a statement signed by the nominated person that he or she agrees to be the nominated person; and

(e)be witnessed by an authorised witness; and

(f)include a statement signed by the authorised witness stating that—

(i)in the opinion of the witness, the person making the nomination understands what a nomination is and the consequences of making a nomination; and

(ii)the witness observed the person sign the nomination; and

(iii)the witness is an authorised witness.

(3)The person nominated to be the nominated person must not be the person who witnesses the nomination.

(4)A nomination made under this section is effective from the time it is made until it is revoked.

25Revocation of nomination

A nomination is revoked if—

(a)the person who made the nomination—

(i)makes a new nomination under section 24; or

(ii)revokes the nomination under section 26; or

(b)the nominated person declines to act as a nominated person in accordance with section 27.

26Revocation of nomination by person who made the nomination

(1)Subject to this section, a person who has made a nomination may revoke it at any time.

(2)A revocation must—

(a)be in writing and state that the nomination is revoked; and

(b)be signed and dated by the person who made the revocation; and

(c)be witnessed by an authorised witness; and

(d)include a statement signed by the authorised witness stating that—

(i)in the opinion of the witness, the person making the revocation understands what a revocation is and the consequences of making a revocation; and

(ii)the witness observed the person sign the revocation; and

(iii)the witness is an authorised witness.

(3)A person who revokes a nomination must—

(a)take reasonable steps to inform the nominated person of the revocation; and

(b)if the person is a patient, inform the authorised psychiatrist.

27Nominated person may decline to act as nominated person at any time

(1)A person nominated to be a nominated person under section 24 may decline at any time to continue being a nominated person.

(2)A nominated person who declines to continue being a nominated person must—

(a)take reasonable steps to inform the person who made the nomination that he or she has declined to continue being a nominated person; and

(b)if the person who made the nomination is a patient, inform the authorised psychiatrist that he or she has declined to continue being a nominated person.

PART 4—COMPULSORY PATIENTS

Division 1—Assessment Orders

28What is an Assessment Order?

(1)An Assessment Order is an Order made by a registered medical practitioner or mental health practitioner that enables a person who is subject to the Assessment Order to be compulsorily—

(a)examined by an authorised psychiatrist to determine whether the treatment criteria apply to the person; or

(b)taken to, and detained in, a designated mental health service and examined there by an authorised psychiatrist to determine whether the treatment criteria apply to the person.

(2)An Assessment Order referred to in subsection (1)(a) is a Community Assessment Order.

(3)An Assessment Order referred to in subsection (1)(b) is an Inpatient Assessment Order.

29Criteria for an Assessment Order

The criteria for a person to be made subject to an Assessment Order are—

(a)the person appears to have mental illness; and

(b)because the person appears to have mental illness, the person appears to need immediate treatment to prevent—

(i)serious deterioration in the person's mental or physical health; or

(ii)serious harm to the person or to another person; and

(c)if the person is made subject to an Assessment Order, the person can be assessed; and

(d)there is no less restrictive means reasonably available to enable the person to be assessed.

30Making an Assessment Order

(1)Before a registered medical practitioner or mental health practitioner makes an Assessment Order in respect of a person, he or she must—

(a)to the extent that is reasonable in the circumstances—

(i)inform the person that he or she will be examined by the practitioner; and

(ii)explain the purpose of this examination to the person; and

(b)examine the person.

(2)A registered medical practitioner or mental health practitioner may make an Assessment Order in respect of a person if—

(a)the registered medical practitioner or mental health practitioner is satisfied that the criteria specified in section 29 apply to the person; and

(b)not more than 24 hours have passed since the registered medical practitioner or mental health practitioner examined the person.

(3)In determining whether the criteria specified in section 29 apply to the person, the registered medical practitioner or mental health practitioner may consider information communicated to the practitioner by a person other than the person being assessed.

(4)A registered medical practitioner or mental health practitioner may only make a person subject to an Inpatient Assessment Order if the practitioner is satisfied that assessment of the person cannot occur in the community.

31Contents of an Assessment Order

An Assessment Order must—

(a)state whether the Order is a Community Assessment Order or an Inpatient Assessment Order; and

(b)include any information prescribed for the purposes of this section.

32Information requirements in relation to an Assessment Order

(1)A registered medical practitioner or mental health practitioner who makes an Assessment Order must—

(a)notify the authorised psychiatrist of the relevant designated mental health service that the Assessment Order is made and give the authorised psychiatrist a copy of the Order; and

(b)to the extent that is reasonable in the circumstances—

(i)inform the person who is subject to the Assessment Order that he or she is subject to an Assessment Order; and

(ii)give the person a copy of the Order and a copy of the relevant statement of rights; and

Note

See Division 1 of Part 3 in relation to the statement of rights.

(iii)explain the purpose and effect of the Order to the person.

(2)As soon as practicable after being notified under subsection (1) that the Assessment Order is made, the authorised psychiatrist must ensure that reasonable steps are taken—

(a)to inform the following persons in relation to the person who is subject to the Order that the Order has been made—

(i)the nominated person;

(ii)a guardian;

(iii)a carer, if the authorised psychiatrist is satisfied that assessing the person will directly affect the carer and the care relationship;

(iv)a parent, if the person is under the age of 16 years;

(v)the Secretary, if the person is the subject of a family reunification order or a care by Secretary order; and

(b)to give the persons referred to in paragraph (a) a copy of the Order and the relevant statement of rights.

33Person subject to an Inpatient Assessment Order to be taken to a designated mental health service

In the case of an Inpatient Assessment Order, as soon as practicable, but not later than 72 hours after the Order is made, the person who is subject to the Order must be taken to a designated mental health service.

34Duration of an Assessment Order

(1)An Assessment Order comes into force when the Order is made and remains in force, unless the Assessment Order is extended in accordance with this section or revoked in accordance with section 37—

(a)subject to subsection (1A), in the case of a Community Assessment Order, for a period of 24 hours; or

(b)in the case of an Inpatient Assessment Order for a period (whichever is the shorter)—

(i)ending 24 hours after the person who is subject to the Order is received at a designated mental health service in accordance with the Order; or

(ii)of 72 hours, if the person who is subject to the Order is not received at a designated mental health service.

(1A)A Community Assessment Order (which is varied from an Inpatient Assessment Order to a Community Assessment Order under section 35) remains in force (unless the Community Assessment Order is extended in accordance with this section or revoked in accordance with section 37) for a period of 24 hours starting—

(a)if the person subject to the Order was not received at a designated mental health service before the variation was made under section 35, at the time that the Inpatient Assessment Order was varied to the Community Assessment Order; or

(b)if the person subject to the Order was received at a designated mental health service before the variation was made under section 35, at the time that the person was received at the designated mental health service.

(2)If, after examining the person who is subject to the Assessment Order, the authorised psychiatrist is not able to determine whether the treatment criteria apply to the person, the authorised psychiatrist may extend the duration of the Order for a period not exceeding 24 hours from the time that the Order is extended.

(3)The duration of an Assessment Order may not be extended more than twice in accordance with subsection (2).

(4)Before extending the duration of an Assessment Order under subsection (2), the authorised psychiatrist must examine the person who is subject to the Assessment Order.

35Variation of an Assessment Order

(1)Subject to subsection (3), before an authorised psychiatrist completes an assessment of a person who is subject to an Assessment Order, a registered medical practitioner or mental health practitioner may vary the Assessment Order from—

(a)a Community Assessment Order to an Inpatient Assessment Order; or

(b)an Inpatient Assessment Order to a Community Assessment Order.

(2)A registered medical practitioner or mental health practitioner may only vary a Community Assessment Order to an Inpatient Assessment Order if the registered medical practitioner or mental health practitioner is satisfied that assessment of the person subject to the Order cannot occur in the community.

(3)A registered medical practitioner or mental health practitioner who varies an Assessment Order must—

(a)notify the authorised psychiatrist of the relevant designated mental health service that the Assessment Order has been varied; and

(b)give the authorised psychiatrist a copy of the varied Order; and

(c)ensure that reasonable steps are taken—

(i)to inform the person who is subject to the varied Assessment Order that the Order has been varied; and

(ii)to give the person a copy of the varied Order and a copy of the relevant statement of rights; and

(iii)to explain the purpose and effect of the variation to the person.

(4)As soon as practicable after being notified under subsection (3) that the Assessment Order has been varied, the authorised psychiatrist must ensure that reasonable steps are taken—

(a)to inform the following persons in relation to the person who is subject to a varied Assessment Order that the Order has been varied—

(i)the nominated person;

(ii)a guardian;

(iii)a carer, if the authorised psychiatrist is satisfied that the variation will directly affect the carer and the care relationship;

(iv)a parent, if the person is under the age of 16 years;

(v)the Secretary, if the person is the subject of a family reunification order or a care by Secretary order; and

(b)to give the persons referred to in paragraph (a) a copy of the varied Order and the relevant statement of rights.

(5)A person whose Community Assessment Order is varied to an Inpatient Assessment Order and who is not already at a designated mental health service must be taken to the designated mental health service as soon as practicable after the Order is varied.

36Assessment of person subject to Assessment Order by authorised psychiatrist

(1)An authorised psychiatrist must examine a person who is subject to an Assessment Order as soon as practicable after—

(a)the Order is made, in the case of a Community Assessment Order; or

(b)the person is received at a designated mental health service, in the case of an Inpatient Assessment Order.

(2)The authorised psychiatrist must, to the extent that is reasonable in the circumstances, explain the purpose of the examination to the person being assessed before starting each examination during the course of the assessment.

(3)The authorised psychiatrist must determine whether the treatment criteria apply to the person subject to the Assessment Order before the Assessment Order expires.

37Revocation or expiry of an Assessment Order

(1)An authorised psychiatrist must immediately revoke an Assessment Order if, after assessing the person subject to the Order, the authorised psychiatrist is satisfied that the treatment criteria do not apply to the person.

(2)An Assessment Order in relation to a person expires at the sooner of the following—

(a)at the end of the relevant period referred to in section 34;

(b)the person is made subject to a Temporary Treatment Order.

(3)As soon as practicable after the Assessment Order is revoked or expires, the authorised psychiatrist must ensure that reasonable steps are taken—

(a)to inform the person that the person is no longer subject to an Assessment Order; and

(b)to explain the effect of the revocation or expiry of the Assessment Order to the person; and

(c)to inform the following persons in relation to the person subject to the Order that the Order has been revoked or has expired—

(i)the nominated person;

(ii)a guardian;

(iii)a carer, if the authorised psychiatrist is satisfied that the revocation or expiry of the Order will directly affect the carer and the care relationship;

(iv)a parent, if the person is under the age of 16 years;

(v)the Secretary, if the person is the subject of a family reunification order or a care by Secretary order.

38Treatment during an Assessment Order

(1)Subject to subsection (2), a person who is subject to an Assessment Order must not be given treatment.

(2)A person who is subject to an Assessment Order may be given treatment if—

(a)the person gives informed consent to the treatment; or

(b)a registered medical practitioner employed or engaged by the designated mental health service is satisfied that urgent treatment is necessary to prevent—

(i)serious deterioration in the mental or physical health of the person; or

(ii)serious harm to the person or to another person.

Division 2—Court Assessment Orders

Note

See Part 5 of the Sentencing Act 1991 in relation to Court Assessment Orders.

39Examination by authorised psychiatrist

(1)On each occasion before examining a person who is subject to a Court Assessment Order, the authorised psychiatrist must explain to the person, to the extent that is reasonable in the circumstances, the purpose of the examination.

(2)In the case of a Community Court Assessment Order, an authorised psychiatrist must—

(a)examine a person who is subject to the Order as soon as practicable after the Order is made; and

(b)complete his or her assessment of the person within 7 days after the Order is made.

(3)In the case of an Inpatient Court Assessment Order, an authorised psychiatrist must—

(a)examine the person as soon as practicable after the person is received at the designated mental health service; and

(b)complete his or her assessment of the person within 7 days after the person is received at the designated mental health service.

40Notification requirements in relation to Court Assessment Orders

(1)As soon as practicable after a person is made subject to a Community Court Assessment Order or a person who is subject to an Inpatient Court Assessment Order is received at a designated mental health service, the authorised psychiatrist must ensure that reasonable steps are taken to inform the following persons in relation to the person subject to the Order that the Order has been made—

(a)the nominated person;

(b)a guardian;

(c)a carer, if the authorised psychiatrist is satisfied that assessing the person will directly affect the carer and the care relationship;

(d)a parent, if the person is under the age of 16 years;

(e)the Secretary, if the person is the subject of a family reunification order or a care by Secretary order.

(2)As soon as practicable after a person is made subject to a Community Court Assessment Order or a person who is subject to an Inpatient Court Assessment Order is received at a designated mental health service, the authorised psychiatrist must ensure that reasonable steps are taken to give a copy of the Order and the relevant statement of rights to—

(a)the person who is subject to the Order; and

(b)the persons referred to in subsection (1).

Note

See Division 1 of Part 3 in relation to statement of rights.

41Variation of a Court Assessment Order

(1)Subject to subsection (2), before an authorised psychiatrist completes an assessment of a person subject to a Court Assessment Order, the authorised psychiatrist may vary the Order from—

(a)a Community Court Assessment Order to an Inpatient Court Assessment Order; or

(b)an Inpatient Court Assessment Order to a Community Court Assessment Order.

(2)An authorised psychiatrist may only vary a Community Court Assessment Order to an Inpatient Court Assessment Order if the authorised psychiatrist is satisfied that assessment of the person subject to the Order cannot occur in the community.

(3)As soon as practicable after varying a Court Assessment Order, an authorised psychiatrist who varies the Court Assessment Order must ensure that reasonable steps are taken—

(a)to inform the person who is subject to the varied Court Assessment Order that the Order has been varied; and

(b)to give the person a copy of the varied Order and a copy of the relevant statement of rights; and

(c)to explain the purpose and effect of the variation; and

(d)to inform the following persons in relation to the person who is subject to the varied Order that the Order has been varied—

(i)the nominated person;

(ii)a guardian;

(iii)a carer, if the authorised psychiatrist is satisfied that the variation will directly affect the carer and the care relationship;

(iv)a parent, if the person is under the age of 16 years;

(v)the Secretary, if the person is the subject of a family reunification order or a care by Secretary order; and

408Transfer of patients from this State

(1)On and after 1 July 2014, a transfer order that, immediately before that day, is made under section 93G(1) of the 1986 Act and is not reviewed by the Mental Health Review Board is taken to be—

(a)a direction to take a person to an interstate mental health facility under section 322 of the 2014 Act, in the case of a person who consents to the transfer; or

(b)an application to the Mental Health Tribunal under section 323 of the 2014 Act to take a person to an interstate mental health facility, in the case of person who does not consent to the transfer.

(2)On and after 1 July 2014, a transfer order that, immediately before that day, is made under section 93G(1) of the 1986 Act and is confirmed by the Mental Health Review Board is taken to be—

(a)a direction to take a person to an interstate mental health facility under section 322 of the 2014 Act, in the case of a person who consents to the transfer and immediately before 1 July 2014 is not received by the interstate mental health facility; or

(b)an interstate transfer order made by the Mental Health Tribunal under section 323 of the 2014 Act to take a person to an interstate mental health facility, in the case of person who does not consent to the transfer and immediately before 1 July 2014 is not received by the interstate mental health facility.

409Transfer of patients from interstate

On and after 1 July 2014, a person who, immediately before that day, is being transferred to this State under section 93H(1) of the 1986 Act is taken as being taken to a designated mental health facility under section 324 of the 2014 Act.

410Apprehension of person absent from interstate facilities

On and after 1 July 2014, a person who, immediately before that day, is apprehended under section 93K(1) of the 1986 Act and is not taken to an interstate mental health facility, is taken to be apprehended under section 326(1) of the 2014 Act.

411Escort of Victorian patients apprehended interstate

On and after 1 July 2014, a person who, immediately before that day, is apprehended under section 93L(1) of the 1986 Act and is not taken to an approved mental health service, is taken to be apprehended under section 327 of the 2014 Act.

412Warrant to arrest interstate security patient who absconds to Victoria

(1)On and after 1 July 2014, an application to the Magistrates' Court made under section 93N


of the 1986 Act, that is not considered by the Magistrates' Court immediately before 1 July 2014, is taken to be an application made under section 301 of the 2014 Act.

(2)On and after 1 July 2014, a warrant issued by the Magistrates' Court under section 93N of the 1986 Act immediately before that day is taken to be issued under section 301 of the 2014 Act.

413Orders Magistrates' Court may make in respect of interstate security patients

On and after 1 July 2014, an order made by the Magistrates' Court under section 93O(3) of the 1986 Act immediately before that day is taken to be an order made under section 302(3) of the 2014 Act.

414Translated sentence for interstate security patient

(1)On and after 1 July 2014, an application to the Supreme Court made under section 93P(1) of the 1986 Act that is not considered by the Supreme Court or the County Court immediately before that day is taken to be an application made under section 303(1) of the 2014 Act.

(2)On and after 1 July 2014, a translated sentence imposed under section 93P(3) of the 1986 Act immediately before that day is taken to be imposed under section 303(3) of the 2014 Act.

(3)On and after 1 July 2014, an order made under section 93P(4) of the 1986 Act immediately before that day is taken to be an order made under section 303(4) of the 2014 Act.

415Emergency declaration of approved mental health services

Despite section 374(1) of the 2014 Act, a declaration made under section 94A of the 1986 Act that has effect immediately before 1 July 2014 continues to have effect for the period stated in the notice of declaration.

416Authorized psychiatrist

(1)On and after 1 July 2014, a person who, immediately before that day, is an authorised psychiatrist under section 96 of the 1986 Act is taken to be an authorised psychiatrist under section 150 of the 2014 Act.

(2)On and after 1 July 2014, a delegation made, under section 96(4) of the 1986 Act to a qualified psychiatrist and that is in force immediately before that day, is taken to be a delegation made under section 151(1) of the 2014 Act.

(3)On and after 1 July 2014, a delegation made, under section 96(5) of the 1986 Act to a registered medical practitioner and that is in force immediately before that day, is taken to be a delegation made under section 151(2) of the 2014 Act that expires on the date specified in the relevant instrument of delegation made under section 96(5) of the 1986 Act.

417Provision of staff services

On and after 1 July 2014, any person or class of person who or that, immediately before 1 July 2014, is providing services under section 97 of the 1986 Act continues to be subject to that section as in force immediately before 1 July 2014, despite section 374(1) of the 2014 Act, until the person or class of person ceases to provide such services.

418Chief psychiatrist

On and after 1 July 2014, the person who is the chief psychiatrist appointed under section 105 of the 1986 Act immediately before that day, is taken to be the chief psychiatrist appointed under section 119 of the 2014 Act for the remainder of his or her term of appointment.

419Authorised officers

(1)On and after 1 July 2014, a person who is an authorised officer under the 1986 Act immediately before that day is taken to be an authorised officer appointed under section 146 of the 2014 Act.

(2)On and after 1 July 2014, an identity card, issued under section 106(2) of the 1986 Act to a person who is an authorised officer under that section immediately before that day, is taken to be an identity card referred to in section 147 of the 2014 Act.

420Reportable deaths

On and after 1 July 2014, a reportable death within the meaning of section 4 of the Coroners Act 2008 that occurred immediately before that day and is not reported in accordance with section 106A of the 1986 Act must be reported in accordance with section 348 of the 2014 Act.

421Community visitors

(1)On and after 1 July 2014, a person who is a community visitor under section 108 of the 1986 Act immediately before that day is taken to be a community visitor under section 214 of the 2014 Act.

(2)On and after 1 July 2014, a request to see a community visitor under section 113 of the 1986 Act that, immediately before that day, is not granted is taken to be a request made under section 219 of the 2014 Act.

422Victorian Institute of Forensic Mental Health

(1)On and after 1 July 2014, a member of the Council of the Victorian Institute of Forensic Mental Health appointed under section 117F of the 1986 Act and holding office immediately before 1 July 2014 is taken to be a member of the board of directors appointed under section 334 of the 2014 Act for the remainder of his or her term of appointment, subject to Division 2 of Part 14 of the 2014 Act.

(2)On and after 1 July 2014, the chief executive officer of the Victorian Institute of Forensic Mental Health appointed under section 117I of the 1986 Act and holding office immediately before 1 July 2014 is taken to be the chief executive officer of the Victorian Institute of Forensic Mental Health appointed under section 340 of the 2014 Act for the remainder of his or her term of appointment.

(3)On and after 1 July 2014, any person who immediately before that day is employed under section 117J of the 1986 Act is taken to be employed under section 341(1) of the 2014 Act until the person ceases to be so employed.

423Review of certain decision by VCAT

(1)On and after 1 July 2014, an application made under section 120 of the 1986 Act that, immediately before that day, is not considered by VCAT is taken to be an application made under section 201 of the 2014 Act.

(2)If, immediately before 1 July 2014, a proceeding in relation to an application for review made under section 120 of the 1986 Act is part heard or is adjourned, the application is to be determined by VCAT in accordance with the relevant provisions of the 2014 Act.

424Payment for recommendation

On and after 1 July 2014, a recommendation referred to in section 127 of the 1986 Act that is made immediately before that day and for which a registered medical practitioner receives no payment is taken to be an examination for the purposes of section 357 of the 2014 Act.

425Constitution of the Mental Health Tribunal

Despite anything to the contrary in section 179 of the 2014 Act, for a period starting on 1 July 2014 and ending on 30 June 2015, the President of the Mental Health Tribunal may, in relation to a proceeding in the general division of the Tribunal, determine that the Tribunal is determined by a legal member and a community member if the President is satisfied that a psychiatrist member or a registered medical practitioner member is not available.

426President and members of the Mental Health Review Board

(1)The person holding office as the President of the Mental Health Review Board under the 1986 Act immediately before 1 July 2014 is taken, on and after that day, to be the President of the Mental Health Tribunal until 1 June 2017, subject to Division 2 of Part 8 of the 2014 Act.

(2)A person (except the President) holding office as a member of the Mental Health Review Board under the 1986 Act immediately before 1 July 2014 is taken to be an ordinary member of the Mental Health Tribunal on and after that day for remainder of his or her term of appointment, subject to Division 2 of Part 8 of the 2014 Act.

(3)Despite subsection (2), a member of the Mental Health Review Board whose term of appointment expires on 25 July 2015 is taken to be an ordinary member of the Mental Health Tribunal until 24 February 2016, subject to Division 2 of Part 8 of the 2014 Act.

427Psychosurgery Review Board

(1)A person holding office, immediately before 1 July 2014, as a member of the Psychosurgery Review Board under clause 2(1)(c) or (d) of Schedule 3 to the 1986 Act (and any alternate member who is to act during the absence or illness of that member), is taken to be an ordinary member of the Mental Health Tribunal on and after 1 July 2014 for the remainder of his or her term of appointment, subject to Division 2 of Part 8 of the 2014 Act.

(2)Despite subsection (1), a member of the Psychosurgery Review Board who is referred to in clause 2(1)(c) or (d) of Schedule 3 to the 1986 Act (and any alternate member is to act during the absence or illness of that member) whose term of appointment expires on 26 June 2015 or 4 September 2015 is taken to be an ordinary member of the Mental Health Tribunal until 24 February 2016, subject to Division 2 of Part 8 of the 2014 Act.

428Repeal of spent provisions

Part 17 and the Schedule are repealed on 1 July 2015.

Note

The repeal of Part 17 and the Schedule does not affect the continuing operation of the amendments made by that Part or the Schedule (see section 15(1) of the Interpretation of Legislation Act 1984.)

PART 16A—GENERAL SAVINGS AND TRANSITIONALS

Division 1—Mental Health Amendment Act 2015

428ATransitional—Mental Health Amendment Act 2015

(1)In this section—

commencement day

means the day on which section 29 of the Mental Health Amendment Act 2015 comes into


operation.

(2)On and from the commencement day, a person, who before the commencement day is taken from a prison to a designated mental health service in accordance with a direction made under section 306 and is still detained at the designated mental health service, is taken—

(a)to be subject to a Secure Treatment Order; and

(b)to have been received at the designated mental health service on the commencement day.

Division 2—Disability (National Disability Insurance Scheme Transition) Amendment Act 2019

429Definitions

In this Division—

Amending Act means the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019;

commencement day means the day on which section 248 of the Amending Act comes into operation;

National Disability Insurance Scheme means the National Disability Insurance Scheme within the meaning of the NDIS Act.

430Complaints to the Commissioner

(1)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the Commissioner's functions under Part 10 for the purposes of dealing with or resolving a complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a)the complaint is made before the commencement day; or

(b)the complaint is made on or after the commencement day and the complaint relates to matters that occurred before 1 July 2019.

(2)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the Commissioner must continue to perform the Commissioner's functions under Part 10 for the purposes of dealing with or resolving a complaint in respect of a mental health service provider providing services funded by the National Disability Insurance Scheme on and after 1 July 2019 if—

(a)the complaint is made before the service that is the subject of the complaint provided by the mental health service provider began being funded by the National Disability Insurance Scheme; or

(b)the complaint is made on or after the day the service that is the subject of the complaint provided by the mental health service provider began being funded by the National Disability Insurance Scheme and the complaint relates to matters that occurred before the service began being funded by the National Disability Insurance Scheme.

431The chief psychiatrist

(1)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the chief psychiatrist's functions under Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider providing services funded by the National Disability Insurance Scheme before 1 July 2019 if—

(a)the investigation begins before the commencement day; or

(b)the investigation begins on or after the commencement day and the investigation relates to the provision of mental health services provided before 1 July 2019.

(2)Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, the chief psychiatrist must continue to perform the chief psychiatrist's functions under Division 2 of Part 7 for the purposes of conducting and completing an investigation into the provision of mental health services by a mental health service provider providing services funded by the National Disability Insurance Scheme on and after 1 July 2019 if—

(a)the investigation begins before the day the service that is the subject of the investigation provided by the mental health service provider began being funded by the National Disability Insurance Scheme; or

(b)the investigation begins on or after the day the service that is the subject of the investigation provided by the mental health service provider began being funded by the National Disability Insurance Scheme and the investigation relates to matters that occurred before the day the service began being funded by the National Disability Insurance Scheme.

432Community visitors

Despite the amendments made by section 248 of the Amending Act, on and after the commencement day, a community visitor may continue to perform functions under section 216(b) and exercise related powers in Part 9 to assist persons receiving mental health services provided by a mental health service provider funded by the National Disability Insurance Scheme before, on or after 1 July 2019, at prescribed premises, if the assistance provided by the community visitor relates to matters that arose before the commencement day.

Division 3—Health Legislation Amendment and Repeal Act 2019

433Definitions

In this Division—

amending Act means the Health Legislation Amendment and Repeal Act 2019;

commencement day means the day on which section 74 of the amending Act comes into operation.

434Transfer of conciliation process to Commissioner

If, immediately before the commencement day, a conciliation process had commenced under Division 3 of Part 10 but had not been completed or discontinued under that Division—

(a)on and from the commencement day the conciliation process is to be conciliated by the Commissioner as if the conciliation process had commenced under Division 3 of Part 10 as amended by the amending Act; and

(b)despite sections 249(1) (as amended by the amending Act) and 265(1), the person who was the conciliator of the conciliation process may disclose to the Commissioner any information gained by the person that is necessary to enable the Commissioner to conciliate the matter.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 20 February 2014

Legislative Council: 13 March 2014

The long title for the Bill for this Act was "A Bill for an Act to provide a legislative scheme for the treatment of persons with mental illness, to repeal the Mental Health Act 1986, to make consequential amendments to the Sentencing Act 1991, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and other Acts and for other purposes."

The Mental Health Act 2014 was assented to on 8 April 2014 and came into operation as follows:

Section 2(2) and (3) on 30 June 2014: Special Gazette (No. 200) 24 June 2014 page 2; sections 1, 2(1), 3–455 and Schedule on 1 July 2014: section 2(1); section 456 on 1 July 2014: section 2(2); section 457 on 1 July 2015: s. 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Mental Health Act 2014 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Mental Health Act 2014, No. 26/2014

Assent Date: 8.4.14
Commencement Date: Ss 372(4), 428 on 1.7.14: s. 2(1); s. 456 on 1.7.14: s. 2(2); s. 457 on 1.7.15: s. 2(3)
Note: S. 428 repealed Pt 17 (ss 429–457), the Schedule on 1.7.15; s. 372(4) provided that s. 372 expired on 1.7.16
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date: 26.8.14
Commencement Date: Ss 174, 175 on 27.8.14: s. 2(1); s. 150 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
CurrentState: This information relates only to the provision/s amending the Mental Health Act 2014

Powers of Attorney Act 2014, No. 57/2014

Assent Date: 26.8.14
Commencement Date: S. 158 on 1.9.15: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date: 2.9.14
Commencement Date: S. 140(Sch. 3 item 30) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014

Assent Date: 9.9.14
Commencement Date: S. 169 on 1.3.16: s. 2(3)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Mental Health Amendment Act 2015, No. 15/2015 (as amended by No. 52/2017)

Assent Date: 12.5.15
Commencement Date: Ss 25(2), 28, 29 on 13.5.15: s. 2(1); ss 4–24, 25(1), 25(3), 26, 27, 30–33, 35, 36 on 25.11.15: Special Gazette (No. 363) 24.11.15
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Statute Law Revision Act 2015, No. 21/2015

Assent Date: 16.6.15
Commencement Date: S. 3(Sch. 1 item 34) on 1.8.15: s. 2(1)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Access to Medicinal Cannabis Act 2016, No. 20/2016

Assent Date: 26.4.16
Commencement Date: S. 148 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Health Complaints Act 2016, No. 22/2016

Assent Date: 3.5.16
Commencement Date: S. 238 on 1.2.17: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Mental Health Act 2014

Medical Treatment Planning and Decisions Act 2016, No. 69/2016

Assent Date: 29.11.16
Commencement Date: Ss 106−122 on 12.3.18: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date: 16.5.17
Commencement Date: S. 134(Sch. 1 item 12) on 1.9.17: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Mental Health Act 2014

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date: 26.9.17
Commencement Date: S. 56 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Health Legislation Amendment (Quality and Safety) Act 2017, No. 52/2017

Assent Date: 24.10.17
Commencement Date: Ss 80‒88 on 1.4.18: Special Gazette (No. 96) 6.3.18 p. 1
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18
Commencement Date: S. 68(Sch. 2 item 88) on 1.3.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Audit Amendment Act 2019, No. 12/2019

Assent Date: 4.6.19
Commencement Date: S. 22 on 1.7.19: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Guardianship and Administration Act 2019, No. 13/2019

Assent Date: 4.6.19
Commencement Date: S. 221(Sch. 1 item 32) on 1.3.20: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date: 25.6.19
Commencement Date: Ss 248–251 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Health Legislation Amendment and Repeal Act 2019, No. 34/2019

Assent Date: 22.10.19
Commencement Date: Ss 68−81 on 23.10.19: s. 2(1)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021

Assent Date: 16.6.21
Commencement Date: S. 38 on 1.1.22: s. 2(3)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, No. 51/2021

Assent Date: 30.11.21
Commencement Date: Ss 38, 39 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Health Legislation Amendment (Quality and Safety) Act 2022, No. 4/2022

Assent Date: 1.3.22
Commencement Date: Ss 18–24 on 30.11.22: s. 2(2)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date: 27.6.23
Commencement Date: S. 69 on 28.6.23: s. 2(1)
Current State: This information relates only to the provision/s amending the Mental Health Act 2014

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details


[1] S. 306 (repealed): The amendments to section 306(3)(e) proposed by section 169(2)(3) of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, No. 61/2014 (repealed) are not included in this publication due to the earlier repeal of section 306 by section 29 of the Mental Health Amendment Act 2015, No. 15/2015 (repealed).

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