Mental Health and Wellbeing Act 2022 (Vic)

Version No. 005

Mental Health and Wellbeing Act 2022

No. 39 of 2022

Version incorporating amendments as at

14 November 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

Part 1.1—Purposes and commencement

1Purposes

2Commencement

Part 1.2—Interpretation

3Definitions

4Meaning of mental illness in this Act

5What is treatment?

6What are appropriate supports?

7Communicating under this Act

8Examining under this Act

9Avoiding unnecessary duplication

10Interpretation of this Act and the mental health and wellbeing principles

11Act binds the Crown

Part 1.3—Objectives

12Objectives

Part 1.4—Statement of recognition and acknowledgement of treaty process

13Statement of Recognition

14Acknowledgement of treaty process

Part 1.5—Mental health and wellbeing principles

15Mental health and wellbeing principles

16Dignity and autonomy principle

17Diversity of care principle

18Least restrictive principle

19Supported decision making principle

20Family and carers principle

21Lived experience principle

22Health needs principle

23Dignity of risk principle

24Wellbeing of young people principle

25Diversity principle

26Gender safety principle

27Cultural safety principle

28Wellbeing of dependents principle

Part 1.6—Application of mental health and wellbeing principles and family violence limitation

29Mental health and wellbeing service providers to make all reasonable efforts

30Mental health and wellbeing service providers to address one or more mental health and wellbeing principles in annual report

31Information sharing limitation if there may be a risk of family violence or other serious harm

Chapter 2—Protection of rights

Part 2.1—Supporting patient rights

32Designated mental health service must determine if patient has an advance statement of preferences or a nominated support person

33Duty to ensure all reasonable efforts are made to give effect to patient's advance statement of preferences

34Designated mental health service must take reasonable steps

35Taking reasonable steps

Part 2.2—Statement of rights

36What is a statement of rights?

37Requirement to provide a statement of rights

38Form of statement of rights

39Explanation of statement of rights

40Statement of rights to be given to support persons

Part 2.3—Non-legal mental health advocacy services

41Primary non-legal mental health advocacy service provider and other providers

42Chief Officer to issue protocols to non-legal mental health advocacy service providers and mental health and wellbeing service providers

43Notifications

44Role of non-legal mental health advocacy service providers

45Role of a mental health advocate

46Role of a mental health advocates in relation to a child or young person

47What can a mental health advocate do?

48Consumer instructions to mental health advocate

49Mental health and wellbeing service provider to give reasonable assistance

50Consideration of mental health and wellbeing principles

51Opt-out register

Part 2.4—Right to communicate

52Definition

53Right to communicate

54Restriction on right to communicate

55Persons to be notified of restriction on inpatient's right to communicate

56Restriction on right to communicate to be monitored regularly

Part 2.5—Advance statements of preferences

57What is an advance statement of preferences?

58Making an advance statement of preferences

59Revoking an advance statement of preferences

60Advance statement of preferences must not be amended

Part 2.6—Nominated support persons

61Role of nominated support person

62Nomination of a nominated support person

63Acceptance

64When is a nomination revoked?

65How may a person who made a nomination revoke it?

66How may a nominated support person resign?

Part 2.7—Second psychiatric opinions in relation to compulsory treatment and certain orders

67Right to a second psychiatric opinion

68Who may give a second psychiatric opinion?

69Functions of a psychiatrist giving a second opinion

70Powers of a psychiatrist giving a second psychiatric opinion

71Reasonable assistance must be provided

72Second psychiatric opinion report

73Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances

74Authorised psychiatrist must review eligible patient's treatment in specified circumstances

75Application to chief psychiatrist for review of treatment

76Review by chief psychiatrist

77Application for review may be withdrawn

Chapter 3—Treatment and interventions

Part 3.1—Decision making principles for treatment and interventions

78Application of Part

79Care and transition to less restrictive support principle

80Consequences of compulsory assessment and treatment and restrictive interventions principle

81No therapeutic benefit to restrictive interventions principle

82Balancing of harm principle

83Autonomy principle

84Consideration of, and guidelines for, the decision making principles for treatment and interventions

Part 3.2—Capacity and informed consent

85Presumption that person has capacity to give informed consent

86When does a person give informed consent?

87When does a person have capacity to give informed consent?

Part 3.3—Treatment

88Patients to be treated for mental illness

89When a patient does not have capacity to give informed consent or does not give informed consent to treatment

90Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist

Part 3.4—Medical treatment

91Giving informed consent to medical treatment

92Who may consent to medical treatment if patient does not have capacity to give informed consent?

93Matters authorised psychiatrist must consider in consenting to medical treatment for a patient

Part 3.5—Electroconvulsive treatment

Division 1—General

94Electroconvulsive treatment must not be performed other than in accordance with this Part

95What is a course of electroconvulsive treatment?

96Mental Health Tribunal order authorising course of electroconvulsive treatment

97Listing and completion of applications to the Mental Health Tribunal under this Part

Division 2—Adult patients

98Authority to perform electroconvulsive treatment on an adult patient

99Application to Mental Health Tribunal for course of electroconvulsive treatment—adult patient

100Determination of an application for an order—adult patient

101Notification of the making of an order—adult patient

102When does a course of electroconvulsive treatment begin and end?

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

103Authority to perform electroconvulsive treatment on an adult who is not a patient

104Application to Mental Health Tribunal for course of electroconvulsive treatment—person who is an adult and not a patient

105Determination of an application for an order—adult who is not a patient

106Notification of the making of an order—adult who is not a patient

107When does a course of electroconvulsive treatment begin and end?

Division 4—Young patients

108Authority to perform electroconvulsive treatment on a young patient

109Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient

110Determination of an application for an order—young patient

111Notification of the making of an order—young patient

112When does a course of electroconvulsive treatment begin and end?

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

113Authority to perform course of electroconvulsive treatment on a young person who is not a patient

114Application to Mental Health Tribunal for course of electroconvulsive treatment—young person who is not a patient

115Determination of an application for an order—young person who is not a patient

116Notification of the making of an order—young person who is not a patient

117When does a course of electroconvulsive treatment begin and end?

Division 6—Reporting

118Reporting to the chief psychiatrist

Part 3.6—Neurosurgery for mental illness

119Mental Health Tribunal must approve all neurosurgery for mental illness

120Psychiatrist may apply to Mental Health Tribunal for approval to perform neurosurgery for mental illness

121Powers of Mental Health Tribunal in respect of application for neurosurgery for mental illness

122Notice of decision

123Report to chief psychiatrist

124Hearing of application to perform neurosurgery for mental illness

Part 3.7—Restrictive interventions

Division 1—Use of restrictive interventions under this Act

125Responsibilities of service providers and others to aim to reduce and eliminate the use of restrictive interventions

126Restrictive intervention must not be used on certain persons other than in accordance with this Part

127Restrictive intervention for permitted purpose only

128Restrictive intervention only if necessary and if all reasonable and less restrictive options have been tried or considered

129Ending a restrictive intervention

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

130Application of Division

131Matters to be considered if authorising restrictive intervention

132Use of restrictive intervention must be authorised

133Considerations and reasons for using restrictive intervention must be documented

134Notification to, and initial examination by, authorised psychiatrist

135Notification of use of restrictive intervention—other persons

136Facilities and supplies to be provided to person subject to restrictive intervention

137Monitoring of person subject to restrictive intervention

138Review of use of restrictive intervention and report to chief psychiatrist following use of restrictive interventions

Division 3—Chemical restraint during transport

139Use of chemical restraint during transport

Division 4—Immunity

140Immunity

Chapter 4—Compulsory assessment and treatment

Part 4.1—Preliminary

141Immunity

142Compulsory assessment criteria

143Compulsory treatment criteria

Part 4.2—Assessment orders

Division 1—Making of assessment order

144Making of assessment order

145Community or inpatient assessment order

146What does an assessment order authorise?

147Duration of assessment order

148Contents of assessment order

149Inpatient assessment order—patient to be transported to designated mental health service as soon as practicable

150Information to be given to assessment patient

151Authorised psychiatrist to be notified of making of assessment order

152Other persons to be notified of making of assessment order

Division 2—Variation of assessment order

153Variation of assessment order—community or inpatient

154Duration of varied assessment order

155Variation of assessment order—responsible designated mental health service

156Information to be given to assessment patient in relation to varied order

157Authorised psychiatrist to be notified of variation of assessment order

158Other persons to be notified of variation of assessment order

Division 3—Examination and restrictions on treatment

159Examination of assessment patient by authorised psychiatrist

160Restrictions on treatment while assessment order is in force

Division 4—Revocation and extension of assessment order

161Revocation of assessment order by authorised psychiatrist

162Information to be given to patient if authorised psychiatrist revokes assessment order

163Other persons to be notified if authorised psychiatrist revokes assessment order

164Assessment order revoked on making of temporary treatment order

165Extension of assessment order

166Information to be given to assessment patient in relation to extension of assessment order

167Other persons to be notified of extension of assessment order

Part 4.3—Court assessment orders

Division 1—Notifications after making of court assessment order

168Information to be given to court assessment patient

169Other persons to be notified of making of court assessment order

Division 2—Variation of court assessment order

170Authorised psychiatrist may change setting of assessment

171Information to be given to court assessment patient in relation to assessment change

172Court to be notified of assessment change

173Other persons to be notified of assessment change

Division 3—Assessment and restrictions on treatment

174Examination of court assessment patient by authorised psychiatrist

175Restrictions on treatment while court assessment order is in force

176Completion of assessment

177Authorised psychiatrist to provide report to court

178Information to be given to court assessment patient in relation to completion of assessment

179Other persons to be notified of completion of assessment

Part 4.4—Temporary treatment orders

180Making of temporary treatment order

181Community or inpatient temporary treatment order

182What does a temporary treatment order authorise?

183Duration of temporary treatment order

184Contents of temporary treatment order

185Inpatient temporary treatment order—patient to be transported to designated mental health service as soon as practicable

186Information to be given to temporary treatment patient

187Mental Health Tribunal to be notified of making of temporary treatment order

188Other entities to be notified of making of temporary treatment order

Part 4.5—Treatment orders

189Temporary treatment patient—Mental Health Tribunal must conduct hearing

190Treatment patient—application for another treatment order

191Requirements for treatment order application

192Mental Health Tribunal may make treatment order

193Duration of treatment order

194Community or inpatient treatment order

195What does a treatment order authorise?

196Contents of treatment order

197Inpatient treatment order—patient to be transported to designated mental health service as soon as practicable

198Information to be given to treatment patient

199Other entities to be notified of making of treatment order

Part 4.6—Variation and revocation of temporary treatment orders and treatment orders

Division 1—Variation of temporary treatment orders and treatment orders

200Variation of temporary treatment order or treatment order—community to inpatient

201Variation of temporary treatment order or treatment order—inpatient to community

202Information to be included on varied order

203Notification requirements for varied order

204Treatment order—hearing to determine community to inpatient variation

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

205Revocation of temporary treatment order or treatment order by authorised psychiatrist

206Application to Mental Health Tribunal to revoke temporary treatment order or treatment order

207Determination of revocation application

208Revocation of temporary treatment order in other circumstances

209Revocation of treatment order in other circumstances

210Information to be given to patient in relation to revoked order

211Other entities to be notified of revocation of order

Part 4.7—Leave of absence

212Grant of leave of absence

213Variation of leave of absence

214Determining the period and any conditions of leave

215Information to be given to person granted leave

216Other persons to be notified about grant or variation of leave

217Revocation of leave of absence

218Information to be given to person in relation to revoked leave

219Other persons to be notified about revocation of leave

220Persons to be notified if person is absent without leave

221Authorised psychiatrist may arrange for person who is absent without leave to be transported to a designated mental health service

Part 4.8—Assessment or treatment by another designated mental health service

222Application and purpose of Part

223Variation of order to enable assessment or treatment at another designated mental health service

224Requirement to have regard to views and preferences of certain persons

225Action to be taken after variation of order

226Application to review variation of order

Part 4.9—Impact of detention of person if subject to order under this Chapter

227Effect of detention in custody on certain orders

Chapter 5—Mental health crisis response and transport by authorised persons

Part 5.1—Principles and definitions

228Health led response principle

229Consideration of mental health and wellbeing principles

230Least restrictive approach principle

231Definitions

Part 5.2—Power to take a person into care and control in a mental health crisis

232Taking a person into care and control in a mental health crisis

233Exercise of clinical judgement in a mental health crisis

234Authorised person must arrange for a person in care and control to be examined

235Transfer of care and control for the purposes of arranging an examination

236Obligations of an authorised person to whom a person's care and control has been transferred

237Accepting care and control of a person at a specified body

238Authorised person may release a person from care and control

239When does an authorised person's care and control end under this Part?

Part 5.3—Power to take a person into care and control for the purposes of transport under the Act

240Application of Part

241Taking a person into care and control for the purposes of transport

242Transfer of care and control for the purposes of transport

243Obligations of an authorised person to whom a person's care and control has been transferred

244Accepting care and control of a person at a designated mental health service or place

245When does an authorised person's care and control end under this Part?

Part 5.4—Power of authorised persons to enter premises

246Authorised person may enter premises

Part 5.5—Power of authorised persons to search, seize and secure

247Authorised person may search a person

248Preservation of privacy and dignity during search

249Authorised person may seize and secure things found during search of person

Part 5.6—Use of bodily restraint on person taken into care and control

250Authorised person may use bodily restraint

Part 5.7—General provisions relating to powers of authorised persons

251Authorised person may be assisted by another authorised person

252Information to be provided by an authorised person on taking person into care and control

253Immunity

Chapter 6—Administration

Part 6.1—The Health Secretary

Division 1—Role and functions of the Health Secretary

254Functions of the Health Secretary

255Consideration of mental health and wellbeing principles

256Delegation by Health Secretary

257Emergency declaration of designated mental health services

Division 2—Information collection

258Information sharing agreements

259Health Secretary may collect information

Part 6.2—The Chief Officer for Mental Health and Wellbeing

260Chief Officer for Mental Health and Wellbeing

261Functions of the Chief Officer

262Consideration of mental health and wellbeing principles

263Powers of the Chief Officer

264Guidelines in relation to the operation of community advisory committees and regional multiagency panels

Part 6.3—The chief psychiatrist

Division 1—The chief psychiatrist

265The chief psychiatrist

266Role of the chief psychiatrist

267Functions of the chief psychiatrist

268Consideration of mental health and wellbeing principles

269Staff

270Contractors

271Delegation

272Member of staff of clinical mental health service provider to give any reasonable assistance

273Standards, guidelines and practice directions prepared and issued by chief psychiatrist

274Annual report

Division 2—Authorised officers

275Chief psychiatrist may appoint authorised officers

276Identity cards

277Production of identity card

Division 3—Investigations by the chief psychiatrist

278Investigations by the chief psychiatrist when health, safety or wellbeing of a person endangered

279Conduct of investigations

280Report and recommendations following investigation by chief psychiatrist

281Response of mental health and wellbeing service provider to recommendations and directions

282Outcome report and any response to be given to Health Secretary and Chief Officer

283Publication of outcome report and any response

284Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances

Division 4—Clinical reviews

285Purpose of clinical reviews

286Clinical review by chief psychiatrist

287Notice of intention to conduct clinical review to be provided

288Clinical review report and recommendations

289Interim clinical review report

290Response of clinical mental health service provider to recommendations

291Monitoring of clinical mental health service provider may continue

292Clinical review report and any response to be given to Health Secretary and Chief Officer

293Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances

294Publication of clinical review report

Division 5—Directions

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

Division 6—Powers of search and entry

296Definition

297Powers of entry

298Power to give written direction to persons to produce documents or answer questions

Division 7—Confidentiality obligations

299Definitions

300Confidentiality obligations applying in respect of information from clinical review

301Confidentiality of documents

302Use or disclosure of information permitted to prevent serious harm

303Disapplication of Freedom of Information Act 1982

304Application of Health Records Act 2001

Part 6.4—Regional mental health and wellbeing boards

Division 1—Establishment of regional mental health and wellbeing boards

305Establishment of regional mental health and wellbeing boards

306Terms of reference

307Functions of a regional mental health and wellbeing board

308Consideration of mental health and wellbeing principles

309Advice to Minister

310Powers of a regional mental health and wellbeing board

311Facilities and resources

Division 2—Members of regional mental health and wellbeing board

312Appointment of members

313Terms and conditions of appointment of a member

314Vacancy and resignation

315Removal from office

Division 3—Community advisory committees

316Regional mental health and wellbeing boards may establish community advisory committees

317Procedure of community advisory committees

Part 6.5—Panels

Division 1—Regional multiagency panels

318Appointment of regional multiagency panels

319Membership of regional multiagency panel

320Functions of a regional multiagency panel

321Consideration of mental health and wellbeing principles

322Facilities and resources

323Procedure of regional multiagency panel

Division 2—Statewide panel

324Appointment of statewide panel

325Function of statewide panel

326Consideration of mental health and wellbeing principles

327Procedure for statewide panel

Part 6.5A—Mental Health Workforce Safety and Wellbeing Committee

327AMental Health Workforce Safety and Wellbeing Committee

327BObjectives of the Mental Health Workforce Safety and Wellbeing Committee

Part 6.6—Authorised psychiatrists

328Appointment of authorised psychiatrist

329Delegation

Chapter 7—Mental Health Tribunal

Part 7.1—Establishment of the Mental Health Tribunal

330Establishment of the Mental Health Tribunal

331Official seal of Mental Health Tribunal

332Functions of the Mental Health Tribunal

333Consideration of mental health and wellbeing principles

334General powers of the Mental Health Tribunal

335Protection of Tribunal members, persons and witnesses

Part 7.2—Membership of the Mental Health Tribunal

336Members of the Mental Health Tribunal

337President

338Deputy President

339Senior Tribunal members and ordinary Tribunal members

340Legal members

341Psychiatrist members

342Registered medical practitioner members

343Community members

344Acting President or Acting Deputy President

345Remuneration and allowances

346Public Administration Act 2004 does not apply to Tribunal members

347Resignation of Tribunal member

348Suspension from office

349Investigation of member

350Vacation and removal from office

Part 7.3—Administration

351Employment of staff

352Functions of principal registrar

353Functions of registrars

354Delegation by President and Deputy President

355Secrecy

356Register of proceedings

357Annual report of the Mental Health Tribunal

Part 7.4—Divisions of the Mental Health Tribunal

358Divisions of the Mental Health Tribunal

359Constitution of the Mental Health Tribunal

360When can the Mental Health Tribunal be constituted by a single member?

361Presiding member

Part 7.5—Procedure of the Mental Health Tribunal

362General procedure of the Mental Health Tribunal

363Who are the parties to a proceeding?

364Joinder of parties

365Appearance and representation at hearing

366Interpreters

367Form and content of applications to the Mental Health Tribunal

368Principal registrar may reject certain applications

369Review by President

370Withdrawal of applications and striking out of proceeding

371Notice of hearing

372Multiple matters or proceedings in respect of one person may be held concurrently

373Access to documents

374Adjournment of certain hearings only in exceptional circumstances

375Hearings to be closed to the public

376Details of person not to be published without consent of President and subject person

377Determination of proceeding

378Questions of law

379Referral of question of law to Supreme Court

380Requesting a statement of reasons

381Correction of order or statement of reasons

382Validity of proceedings

383Review by VCAT

384Use of experts

385Witness summons

386Failure to comply with witness summons

387False or misleading information

388Contempt of the Mental Health Tribunal

Part 7.6—Rules Committee

389Establishment of Rules Committee

390Functions of the Rules Committee

391Power to make rules and issue practice notes

392Membership of the Rules Committee

393Meeting procedure

394Validity of decisions of Rules Committee

Chapter 8—Community visitors and the Community Visitors Mental Health Board

Part 8.1—Appointment of community visitors

395Appointment of community visitors

396Terms and conditions of appointment of a community visitor

397Vacancy and resignation

398Removal from office

Part 8.2—Functions and powers of community visitors

399Functions of a community visitor

400Consideration of mental health and wellbeing principles

401Visits to prescribed premises by community visitors

402Request to see a community visitor

403Reasonable assistance to be given to community visitors

Part 8.3—Community Visitors Mental Health Board

404Establishment of the Community Visitors Mental Health Board

405Membership of the Community Visitors Mental Health Board

406Functions of the Community Visitors Mental Health Board

407Community Visitors Mental Health Board may refer a matter

Part 8.4—Reports and confidentiality

408Reports by community visitors and the Community Visitors Mental Health Board

409Annual report of Community Visitors Mental Health Board

410Confidentiality

Chapter 9—Mental Health and Wellbeing Commission

Part 9.1—Mental Health and Wellbeing Commission

Division 1—Mental Health and Wellbeing Commission

411Establishment of the Mental Health and Wellbeing Commission

412Common seal

413Objectives of the Mental Health and Wellbeing Commission

414Consideration of mental health and wellbeing principles

415Functions of the Mental Health and Wellbeing Commission

416Powers of the Mental Health and Wellbeing Commission

417Delegation

418Staff of the Mental Health and Wellbeing Commission

419Chief Executive Officer of the Mental Health and Wellbeing Commission

419AMeetings of the Mental Health and Wellbeing Commission

419BGeneral procedure

419CValidity of acts or decisions

Division 2—Mental Health and Wellbeing Commissioners

420Appointment of Mental Health and Wellbeing Commissioners

421Terms and conditions of appointment

422Vacancy and resignation

423Removal from office

424Acting appointment

425Protection from liability

426Functions and powers of a Mental Health and Wellbeing Commissioner

Division 3—Reports

427Annual report

428Reports to the Parliament

429Content of reports tabled in Parliament

Part 9.2—Complaints

Division 1—Making a complaint

430Guiding principles of the Mental Health and Wellbeing Commission in relation to complaints

431Complaint by consumer

432Complaint by person (other than consumer)

433Complaint by carer, family member or supporter

434When can a complaint be made?

435How is a complaint made?

436Mental Health and Wellbeing Commission must provide reasonable assistance to a person making or confirming a complaint

437Record of complaint

438Preconditions to handling a complaint made on behalf of or in relation to a consumer

439Preconditions to handling a complaint made by carers, family members or supporters

440Preliminary options for responding to complaint—information

441Preliminary options for responding to complaint—early resolution options

442Complaints referred to the Mental Health and Wellbeing Commission

443Notifying entities that Commission will deal with referred complaints

444Notification by consumer who does not wish to be party to a complaint

445Withdrawal of complaint

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

446Decision whether or not to deal with complaint

447Grounds for not dealing with a complaint

448Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent

449Complaint to which National Law may also apply

450Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint

451Decision on how the Mental Health and Wellbeing Commission will deal with a complaint

452Notification of complaint resolution process

453Complaint resolution agreements

454Mental Health and Wellbeing Commission may divide or concurrently deal with complaints

455Participation of mental health and wellbeing service provider in complaint resolution process

456Parties' withdrawal of agreement to complaint resolution process

457Mental Health and Wellbeing Commission may cease complaint resolution process

458Mental health and wellbeing service provider may be required to respond

459Mental Health and Wellbeing Commission's power to extend time limit

Division 3—Conciliation

460Conciliation

461Party may be represented at conciliation

462Mental health and wellbeing service provider may be required to produce documents in conciliation

463Confidentiality of conciliation process

464Completion of conciliation

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

465Mental Health and Wellbeing Commission must prepare complaint handling standards

466Mental Health and Wellbeing Commission must review complaint handling standards

467Amendment or revocation of complaint handling standards

468Date on which Order making or revoking complaint handling standards takes effect

469Mental health and wellbeing service provider must establish procedures for receiving, managing and resolving complaints

Division 5—Deferral of notification

470Deferral of notification by the Mental Health and Wellbeing Commission

471Deferral of notification at the request of the National Board

472Deferral of notification at the request of the Disability Services Commissioner

473Deferral of notification at the request of the Health Complaints Commissioner

474Deferral of notification at the request of the Victorian Disability Worker Commissioner

Division 6—Judicial Proceedings Reports Act 1958

474ADisclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958

474BDisclosure of information in the performance of functions not prevented by orders under Part 3 of Judicial Proceedings Reports Act 1958

Part 9.3—Undertakings and compliance notices

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

Part 9.4—Investigations by the Mental Health and Wellbeing Commission

Division 1—Investigations

476Investigation of a complaint by the Mental Health and Wellbeing Commission

477Referred investigations

478Own initiative investigations

479Mental Health and Wellbeing Commission must not conduct investigation while conciliation is on foot

480Notice of investigation

481Investigation report

482Persons to whom an investigation report must be given

483Response by mental health and wellbeing service provider

Division 2—Follow up investigations

484Power of Mental Health and Wellbeing Commission to conduct a follow up investigation

485Notice of follow up investigation

486Commencement of follow up investigation

487Follow up investigation report

488Persons to whom follow up investigation report to be given

489Response by mental health and wellbeing service provider

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

490Conduct of investigations

491Investigation requirements if there is no hearing

492Investigation requirements if there is a hearing

493Authorised investigator

494Identification of authorised investigator

495Authorised investigator must produce identification

496Powers of entry to the premises of a mental health and wellbeing service provider

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

497Power to compel production of documents and things or attendance of witnesses—investigation notice

498Offence to fail to comply with investigation notice

499Variation of investigation notice

500Power to take evidence on oath or affirmation in investigation hearing

501Powers in relation to documents and things produced during investigation hearing or under investigation notice

Part 9.5—Compliance notices

502Compliance notice

503Application for review—compliance notice

504Offence not to comply with compliance notice

Part 9.6—Inquiries

505Power of the Mental Health and Wellbeing Commission to conduct inquiry

506Conduct of inquiry

507Inquiry report

Part 9.7—Protections and legal representation

508Compellability of a Mental Health and Wellbeing Commissioner or member of staff

509Protection of participants in an investigation

510Protection for persons who make a complaint

511Privilege against self-incrimination

512Legal professional privilege and client legal privilege

513Offence to threaten etc. complainant

514Offence to refuse to employ, dismiss or subject a person to detrimental action

515Offence to make false statements

516Legal representation

Part 9.8—Confidentiality, information collection and information sharing

Division 1—Disclosure of information

517Non-disclosure of information—investigations and complaint data reviews

518Non-disclosure of information—complaint resolution processes

519Non-disclosure of information given in conciliation

520Non-disclosure of identifying information

521Mental Health and Wellbeing Commission may require information to be provided by mental health and wellbeing service provider

522Mental Health and Wellbeing Commission may give information to other bodies or jurisdictions

523Mental Health and Wellbeing Commission is authorised to receive information under the Health Practitioner Regulation National Law

Division 2—Reasonable assistance and information collection

524Requirement to provide reasonable assistance to the Mental Health and Wellbeing Commission

525Mental Health and Wellbeing Commission may collect information

526Mental Health and Wellbeing Commission may collect data and information from mental health and wellbeing service providers and data sharing bodies

527Information sharing agreements

Part 9.9—Complaint data review

528Power to conduct a complaint data review

529Conduct of a complaint data review

530Complaint data review report

531Persons to whom complaint data review report to be given

532Response by mental health and wellbeing service provider

Chapter 10—Security patients

Part 10.1—Preliminary

533Construction of references

Part 10.2—Secure treatment order

534What is a secure treatment order?

535Making a secure treatment order

536Notification of receipt of security patient subject to a secure treatment order

537Application to revoke secure treatment order

538Mental Health Tribunal hearing in relation to secure treatment order

539Discharge of person subject to a secure treatment order

Part 10.3—Court secure treatment orders

540Taking person subject to court secure treatment order from prison and transporting to designated mental health service

541Notification of receipt of security patient subject to a court secure treatment order

542Application to Mental Health Tribunal in relation to security patient subject to court secure treatment order

543Mental Health Tribunal hearing in relation to court secure treatment order

544Discharge of person subject to a court secure treatment order

Part 10.4—Leave of absence

545Grant of leave of absence

546Revocation of leave of absence

547Notification requirements for leave of absence

547AAuthorised psychiatrist may arrange for security patient who is absent without leave to be transported to a designated mental health service

548Application to Mental Health Tribunal for review of decision not to grant leave of absence

Part 10.5—Monitored leave

549Monitored leave application and grant

550Monitored leave conditions, duration and variation

551Matters to take into account for monitored leave

552Applicant profiles and leave plans for monitored leave

553Revocation of monitored leave

554Notification requirements for monitored leave

Part 10.6—Transporting security patients to another designated mental health service

555Authorised psychiatrist may direct security patient to be transported to another designated mental health service

556Chief psychiatrist may direct security patient to be transported to another designated mental health service

557Role of authorised psychiatrist in transporting security patient to another designated mental health service

558Application to Mental Health Tribunal for review of direction to transport security patient to another designated mental health service

Part 10.7—General security patient matters

559Cessation of security patient status

560Security conditions

561Notification and directions following discharge of security patient subject to court secure treatment order or secure treatment order

562Custody of security patients

563Warrant to arrest security patient absent without leave who leaves Victoria

Part 10.8—Interstate security patients

564Definitions for this Part

565Warrant to arrest interstate security patient who absconds to Victoria

566Orders that Magistrates' Court may make in respect of interstate security patients

567Translated sentence for interstate security patient

568Matters relating to translated sentences

Chapter 11—Forensic patients

569Definitions for this Chapter

570Notification when forensic patient received other than under section 571, 572, 573 or 574

571Authorised psychiatrist may direct forensic patient be transported to another designated mental health service

572Chief psychiatrist may direct forensic patient to be transported to another designated mental health service

573Role of authorised psychiatrist in transferring forensic patient

574Application to Forensic Leave Panel for review of decision to transport forensic patient to another designated mental health service

575Security conditions

576Leave of absence for forensic patient

576AAuthorised psychiatrist may arrange for forensic patient who is absent without leave to be transported to a designated mental health service

Chapter 12—Intensive monitored supervision

577What is an intensive monitored supervision order?

578Intensive monitored supervision criteria

579Examination before application for an intensive monitored supervision order

580Information which must be provided with an application for an intensive monitored supervision order

581Application to Mental Health Tribunal for intensive monitored supervision order

582Mental Health Tribunal powers in respect of applications under this Chapter

583Intensive monitored supervision order

584Notice of making of order

585Facilities and supplies to be provided to patient subject to intensive monitored supervision order

586Intensive monitored supervision clinical committee

587Monitoring of patient subject to intensive monitored supervision order

588Intensive monitored supervision must end if patient no longer poses unacceptable risk

589Application for revocation of intensive monitored supervision order

590Review of use of intensive monitored supervision

591Report on use of intensive monitored supervision to be given to chief psychiatrist

592Immunity

Chapter 13—Interstate application of mental health provisions

Part 13.1—General

593Corresponding laws and orders

594Ministerial agreements

595Victorian officers may exercise powers under corresponding laws

596Interstate officers may perform functions or exercise powers in Victoria

Part 13.2—Assessment under Victorian orders interstate and corresponding orders in Victoria

597Assessment of person from Victoria at interstate mental health facility

598Assessment of interstate person in Victoria

Part 13.3—Interstate transfers

599Transfer out of Victoria of responsibility for treatment—with person's consent

600Interstate transfer of person—with person's consent

601Transfer out of Victoria of responsibility for treatment (interstate transfer of treatment order)—without person's consent

602Interstate transfer of person—without person's consent

603Information to be given to transferring patient

604Other entities to be notified of making of transfer order

606Transfer of a person to Victoria

Part 13.4—Interstate application of Victorian orders

607Interstate application of Victorian orders

Part 13.5—Persons absent without leave who are interstate

608Persons absent without leave from interstate facilities

609Persons absent without leave from designated mental health service

Chapter 14—Victorian Institute of Forensic Mental Health

Part 14.1—Preliminary

610Victorian Institute of Forensic Mental Health

611Trading name

612Institute represents the Crown

613Functions of the Institute

614Powers of the Institute

615Consideration of mental health and wellbeing principles

Part 14.2—Institute Board

616Institute Board

617Functions of Institute Board

618Constitution of Institute Board

619Appointment of directors

620Terms and conditions of appointment of directors

621Resignation and removal from office

622Protection from liability

623Validity of acts or decisions

624Procedure of Institute Board

625Guidelines of Minister

626Appointment of delegate to Institute Board

627Functions of delegate

628Obligations of Institute Board to delegate

Part 14.3—General

629Chief executive officer

630Other employees

631Minister may issue directions to Institute

632Health Secretary may issue directions to Institute

633Strategic plan

634Statement of priorities

635Institute Board to give notice of significant events

Part 14.4—Duty of candour

636Definitions

637Duty of candour

638Apology not admission of liability

639Non-compliance with duty of candour

Chapter 15—Victorian Collaborative Centre for Mental Health and Wellbeing

Part 15.1—Victorian Collaborative Centre for Mental Health and Wellbeing

Division 1—Establishment, functions and powers

640Establishment

641Official seal

642Centre represents the Crown

643Functions of the Centre

644Powers of the Centre

645Consideration of mental health and wellbeing principles

646Centre to enter into agreements with designated mental health service and academic institution

Division 2—Centre Board

647Centre Board

648Functions of the Centre Board

649Remuneration

650Terms of office

651Resignation

652Removal from office

653Chairperson

654Acting chairperson

655Meetings of the Centre Board

656Establishment of committees

657Guidelines

658Delegation

Division 3—Directors and staff

659Directors

660Acting Director

661Functions and powers of the Directors

662Delegation

663Staff

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

664Minister may issue directions

665Minister may issue guidelines

666Statement of priorities

667Strategic plan

Division 5—Reports

668Annual report

669Reports to the Minister and the Health Secretary

670Reports to the Minister

Division 6—Information collection

671Centre may collect information

Part 15.2—Review of operation

672Review of operation of Centre's governance model

Chapter 16—Youth Mental Health and Wellbeing Victoria

Part 16.1—Youth Mental Health and Wellbeing Victoria

Division 1—Establishment, functions and powers

673Establishment

674Official seal

675Youth Mental Health and Wellbeing Victoria represents the Crown

676Functions of Youth Mental Health and Wellbeing Victoria

677Powers of Youth Mental Health and Wellbeing Victoria

678Consideration of mental health and wellbeing principles

Division 2—The Youth Mental Health and Wellbeing Board

679Youth Mental Health and Wellbeing Board

680Constitution and appointment of Youth Mental Health and Wellbeing Board

681Functions of the Youth Mental Health and Wellbeing Board

682Remuneration

683Terms of office

684Resignation

685Removal from office

686Delegation

687Validity of acts or decisions

688Chairperson

689Procedure of the Youth Mental Health and Wellbeing Board

690Establishment of committees

691Guidelines

692Staff

Division 3—Delegates

693Appointment of delegates

694Term of appointment

695Resignation and revocation of appointment

696Functions of delegate

697Obligations of the Youth Mental Health and Wellbeing Board to a delegate

Part 16.2—Directions, guidelines, statements of priorities, strategic plans and service agreements

698Minister may issue directions

699Strategic plan

700Statement of priorities

701Notice to Minister and Health Secretary of matters of public concern or risk

702Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria

703Service agreements

Part 16.3—Declared operators providing youth mental health and wellbeing services

Division 1—Declared operators

704Declared operators

705Entities that are designated mental health services as a result of declaration under section 704

706Functions of a declared operator under a service agreement with Youth Mental Health and Wellbeing Victoria

707Statement of priorities with declared operators

Division 2—Suspension of services or appointment of administrator

708Powers of Minister

709Suspension of admission of patients

710Appointment of administrator

711Administrator may recommend termination of service agreement

712Application for review by VCAT

713Displacement of other law—appointment of administrator provisions

Part 16.4—General

714Youth Mental Health and Wellbeing Victoria may collect information

715Disclosure of information

716Mental health and wellbeing service provider may be audited

717Powers of auditors

718Confidentiality requirements

719Annual report

Chapter 17—General

Part 17.1—Disclosure of health information

Division 1—Information sharing principles

720Information sharing principles

721Entity to give proper consideration to information sharing principles

722Disclosure, collection and use of information principle

723Dignity of person paramount principle

724Aboriginal and Torres Strait Islander information principle

725Accessibility of information principle

726Accuracy of information principle

Division 2—Electronic health information system

727Electronic health information system

728Information from electronic health information system

Division 3—Disclosure of health information

729Disclosure of health information with consent of person

730Permitted disclosure of health information without consent of person

731Disclosure at key points of care

732Mental health and wellbeing service provider may refuse to disclose despite consent

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

733Collection, use and disclosure of personal or health information

734Health information to be shared with emergency service providers

Division 5—Offences

735Offence to use or disclose electronic health information system information without authorisation

736Offence to use electronic health information system in a manner unauthorised

737Offence to damage, destroy or remove electronic health information system information without authorisation

738Destroying or damaging information held by mental health and wellbeing service providers

Part 17.2—Health information statements

739Statement following health information refusal

740Health information statement

Part 17.3—Notification of reportable deaths

741Chief psychiatrist to be notified of reportable deaths

742Notification of death of security patient or forensic patient

Part 17.4—Mental health and wellbeing surcharge

743Mental health and wellbeing surcharge—appropriation of Consolidated Fund

Part 17.5—Miscellaneous provisions

Division 1—General

744Power to commence a proceeding

745Payment for examination

746Offence to give false or misleading information

747Destroying or damaging records

748Privilege against self-incrimination

749Validity of order if there is an error

750Defect in appointment or delegation

751Conflict of interest

752Service of documents

753Immunity—Part 17.1

Division 2—Codes of Practice

754Purpose of Codes of Practice

755Making of Codes of Practice

756Commencement and availability of Codes of Practice

757Codes of Practice may apply, adopt or incorporate

Division 3—Review of this Act

758Review of this Act

Division 4—Regulations

759Regulations

760Fees

Chapter 18—Repeal, savings and transitional provisions

Part 18.1—Repeals

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

Part 18.2—Savings and transitional provisions

762Application of Interpretation of Legislation Act 1984

763Mental Health Tribunal

764Rules Committee

765Chief psychiatrist and authorised officers

766Reportable deaths

767Victorian Collaborative Centre for Mental Health and Wellbeing

768Community visitors

769Right to communicate

770Advance statements

771Nominated persons

772Medical treatment

773Second psychiatric opinions

774Electroconvulsive treatment

775Neurosurgery for mental illness

776Seclusion and bodily restraint

777Victorian Institute of Forensic Mental Health

778Electronic health information system

779Assessment orders

780Court assessment orders

781Temporary treatment orders

782Treatment orders

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 005

Mental Health and Wellbeing Act 2022

No. 39 of 2022

Version incorporating amendments as at

14 November 2025

Preamble

The Parliament recognises the importance of the people of Victoria achieving the highest attainable standard of mental health and wellbeing.

The Parliament intends that this Act lay the foundation for the vision of the Royal Commission into Victoria's Mental Health System to transform the mental health and wellbeing system and to support the delivery of person-centred services that are responsive to the needs and preferences of Victorians.

The Parliament recognises the dedication, perseverance and important work of the mental health and wellbeing workforce as the mental health and wellbeing system develops. The Parliament also recognises people with lived and living experiences of mental illness and psychological distress and their commitment to working in partnership to achieve the vision of the Royal Commission.

The Parliament of Victoria therefore enacts:

CHAPTER 1—PRELIMINARY

PART 1.1—PURPOSES AND COMMENCEMENT

1Purposes

The main purposes of this Act are—

(a)to restate, with amendments, the law relating to the treatment of persons living with mental illness or experiencing psychological distress; and

(b)to reform the system for the provision of mental health and wellbeing services; and

(c)to improve the administration of the system for mental health and wellbeing services; and

(d)to establish the Mental Health Tribunal; and

(e)to establish the Mental Health and Wellbeing Commission; and

(f)to establish the Victorian Institute of Forensic Mental Health; and

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

(h)to establish Youth Mental Health and Wellbeing Victoria; and

(i)to repeal the Mental Health Act 2014 and the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021; and

(j)to consequentially amend other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2023, it comes into operation on that day.

PART 1.2—INTERPRETATION

3Definitions

(1)In this Act—

acceptance form, in relation to a nominated support person, means the form signed by the person under section 63;

acting chairperson means, in relation to the Centre Board, the acting chairperson appointed under section 654;

acting Director means, in relation to the Centre, an acting Director appointed under section 660;

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

advance statement of preferences means a statement of a kind referred to in section 57;

Ambulance Service—Victoria has the same meaning as in the Ambulance Services Act 1986;

appropriate supports has the meaning given by section 6;

assessment change means a change of assessment under a community court assessment order in accordance with section 170(1) or an inpatient court assessment order in accordance with section 170(2);

assessment order means an order made under section 144;

assessment patient means a person who is subject to an assessment order;

authorised investigator means a person authorised by the Mental Health and Wellbeing Commission under section 493;

authorised mental health practitioner means—

(a)a person who is employed or engaged by a designated mental health service as a—

(i)registered psychologist; or

(ii)registered nurse; or

(iii)social worker; or

(iv)registered occupational therapist; or

(b)a member of a prescribed class of person;

authorised officer means a person appointed by the chief psychiatrist under section 275;

authorised person means—

(a)a police officer; or

(b)a registered paramedic employed by an ambulance service as defined in section 3(1) of the Ambulance Services Act 1986; or

(c)a protective services officer; or

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

(e)an authorised mental health practitioner; or

(f)a member of a prescribed class of person;

authorised psychiatrist means a person appointed by the governing body of a designated mental health service under section 328;

bodily restraint means physical restraint, or mechanical restraint, of a person;

capacity to give informed consent has the meaning given by section 87;

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;

Centre means the Victorian Collaborative Centre for Mental Health and Wellbeing established by section 640;

Centre Board means the Board of the Centre established under section 647;

Chair of the Mental Health and Wellbeing Commission means the Chair of the Mental Health and Wellbeing Commission appointed under section 420;

chairperson, in relation to the Centre Board, means the chairperson appointed under section 653;

chemical restraint means the giving of a drug to a person for the primary purpose of controlling the person's behaviour by restricting their freedom of movement but does not include the giving of a drug to a person for the purpose of treatment or medical treatment;

Chief Officer means the Chief Officer for Mental Health and Wellbeing employed under section 260;

chief psychiatrist means the psychiatrist employed as the chief psychiatrist under section 265;

clinical mental health service provider means—

(a)a designated mental health service; or

(b)a mental health and wellbeing service provider that provides mental health and wellbeing services in a custodial setting; or

(c)any other prescribed entity or prescribed class of entity;

clinical review report means a report prepared by the chief psychiatrist under section 288;

Code of Practice means a Code of Practice under Division 2 of Part 17.5;

community advisory committee means a community advisory committee established by a regional mental health and wellbeing board under section 316;

community assessment order means an assessment order referred to in section 145(1)(a);

community court assessment order has the meaning given by section 90(2) of the Sentencing Act 1991;

community temporary treatment order means a temporary treatment order referred to in section 181(1)(a);

community treatment order means a treatment order referred to in section 194(1)(a);

community visitor means a community visitor appointed under section 395;

Community Visitors Mental Health Board means the Community Visitors Mental Health Board established by section 404;

complainant means a person who makes a complaint;

complaint means a complaint made to the Mental Health and Wellbeing Commission under Part 9.2;

complaint data review means a review conducted under section 528;

complaint data review report means a report prepared under section 530;

complaint handling standards means the standards made under section 465;

complaint resolution process means a process referred to in section 451(1)(a) that the Mental Health and Wellbeing Commission may use to resolve a complaint;

compliance notice means a compliance notice served under section 502;

compulsory assessment criteria means the criteria set out in section 142;

compulsory treatment criteria means the criteria set out in section 143;

conciliation means a conciliation under Division 3 of Part 9.2;

consumer means a person who—

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

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

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

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

corresponding law means—

(a)in Chapter 13, a law that is declared to be a corresponding law for the purposes of that Chapter by an Order under section 593; or

(b)in Chapter 17, the law of another State or a Territory corresponding, or substantially corresponding, to this Act;

corresponding order, in Chapter 13, means an order that is declared to be a corresponding order for the purposes of that Chapter by an Order under section 593;

court assessment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

court assessment patient means a person who is subject to a court assessment order;

court secure treatment order means an order within the meaning of section 94A of the Sentencing Act 1991;

custodial setting means a place where a person is held—

(a)in a prison within the meaning of the Corrections Act 1986; or

(b)in a remand centre, youth residential centre or youth justice centre; or

(c)in a police gaol within the meaning of the Corrections Act 1986; or

(d)in a prescribed location;

decision making principles for treatment and interventions means the principles set out in Part 3.1;

declared operator means an entity declared to be a declared operator under section 704;

Department means the Department of Health;

Deputy President means the Deputy President of the Mental Health Tribunal appointed under section 338;

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 Institute; or

*                *                *                *                *

(h)a service temporarily declared to be a designated mental health service under section 257; or

(i)a declared operator;

designated place has the same meaning as in the Victoria Police Act 2013;

device includes belt, screen, bed rails, tray table and furniture;

DFFH Secretary means the Secretary to the Department of Families, Fairness and Housing;

Director means, in relation to the Centre, a Director employed under section 659;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with a 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 and wellbeing services—

(a)by a mental health and wellbeing 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)by the Institute, is the duty of candour specified in Part 14.4;

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

electronic health information system means the system referred to in section 727;

eligible patient means—

(a)a temporary treatment patient; or

(b)a treatment patient; or

(c)a security patient; or

(d)a forensic patient;

emergency service provider means—

(a)Ambulance Service—Victoria; and

(b)any other prescribed entity or prescribed class of entity;

enrolled nurse means a person who is registered in Division 2 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

family violence has the same meaning as in section 5 of the Family Violence Protection Act 2008;

follow up investigation means an investigation conducted under section 484;

follow up investigation report means a report prepared under section 487;

Forensic Leave Panel has the meaning given in section 569;

forensic patient has the meaning given in section 569;

guardianhas the same meaning as in the Guardianship and Administration Act 2019;

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

health information statement means a statement prepared under section 740;

Health Secretary means the Secretary to the Department;

health service provider has the same meaning as in the Health Records Act 2001;

health services has the same meaning as in the Health Records Act 2001;

HPP has the same meaning as in the Health Records Act 2001;

HPV means Health Purchasing Victoria established by section 129 of the Health Services Act 1988;

HPV direction has the same meaning as in the Health Services Act 1988;

identifier has the same meaning as in the Health Records Act 2001;

information sharing agreement, other than in Chapter 9, means an agreement entered into under section 258;

information sharing principles means the principles set out in Division 1 of Part 17.1;

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

inpatient assessment order means an assessment order referred to in section 145(1)(b);

inpatient court assessment order means an order within the meaning of section 90(3) of the Sentencing Act 1991;

inpatient temporary treatment order means a temporary treatment order referred to in section 181(1)(b);

inpatient treatment order means a treatment order referred to in section 194(1)(b);

inquiry means an inquiry conducted under section 505;

inquiry report means a report prepared under section 507;

Institute means the Victorian Institute of Forensic Mental Health established by section 610;

Institute Board means the board of directors of the Institute;

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

intensive monitored supervision means providing mental health and wellbeing services to a person while—

(a)confining the person to a supervision unit from which the person cannot leave; and

(b)limiting the person's contact with others;

intensive monitored supervision order means an order referred to in section 577;

interim clinical review report means a written report prepared by the chief psychiatrist under section 289;

interim funding statement has the same meaning as in the Health Services Act 1988;

interstate authority, for an interstate mental health facility, means a person performing a similar or corresponding function to an authorised psychiatrist in relation to that facility;

interstate mental health facility, in Chapter 13, means a hospital or other facility to which a person in a participating State or Territory may be compulsorily admitted under a corresponding law in that State or Territory;

interstate transfer of treatment order means an order made by the Mental Health Tribunal under section 601;

interstate transfer order means an order made by the Mental Health Tribunal under section 602;

investigation of a complaint means an investigation conducted under section 476;

investigation hearing means a hearing of the Mental Health and Wellbeing Commission conducted under section 490(3);

investigation notice means a notice given under section 480(1);

investigation report means a report prepared under section 481;

Justice Secretary means the Secretary to the Department of Justice and Community Safety;

mechanical restraint means the use of a device to prevent or restrict a person's movement;

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

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

Note

See section 48 of the Medical Treatment Planning and Decisions Act 2016 which provides that Part 4 (Medical treatment decisions) of that Act does not apply in relation to treatment for mental illness (if the person being treated is a patient) or neurosurgery for mental illness.

mental health advocate means a person who is employed or engaged by a non-legal mental health advocacy service provider to perform the role described in section 45;

Mental Health and Wellbeing Commission means the Mental Health and Wellbeing Commission established by section 411;

Mental Health and Wellbeing Commissioner means a Mental Health and Wellbeing Commissioner appointed under section 420;

mental health and wellbeing principles means the principles set out in Part 1.5;

mental health and wellbeing professional means a person who performs duties in connection with the provision of mental health and wellbeing services and who is—

(a)a registered medical practitioner; or

(b)a registered psychologist; or

(c)a registered nurse or enrolled nurse; or

(d)a registered paramedic; or

(e)a registered occupational therapist; or

(f)a social worker of a prescribed class; or

(g)a counsellor of a prescribed class; or

(h)a person employed or engaged in a prescribed role that requires the person to have personal experience with mental illness or experience as a carer of a person who is living with mental illness; or

(i)a psychosocial support worker of a prescribed class; or

(j)an allied health professional of a prescribed class;

mental health and wellbeing service means—

(a)a service performed for the primary purpose of—

(i)improving or supporting a person's mental health and wellbeing; or

(ii)assessing, or providing treatment, care or support to, a person for mental illness or psychological distress; or

(iii)providing care or support to a person who is a family member, carer, or supporter, of a person with mental illness or psychological distress; or

(b)a service, or a service belonging to a class of service, that is prescribed to be a mental health and wellbeing service—

but does not include—

(c)a non-legal mental health advocacy service; or

(d)a service, or a service belonging to a class of service, that is prescribed not to be a mental health and wellbeing service;

mental health and wellbeing service provider means an entity (other than an individual) that—

(a)receives funding from—

(i)the State for the primary purpose of providing mental health and wellbeing services; or

(ii)another entity (other than an individual), being funding that—

(A)was received by the other entity from the State for the primary purpose of providing mental health and wellbeing services; and

(B)is provided to the entity for a purpose that is consistent with the funding arrangement or agreement between the State and the other entity; and

(b)employs or engages a mental health and wellbeing professional in connection with providing the mental health and wellbeing services—

but does not include—

(c)an entity, or an entity belonging to a class of entity, that is prescribed not to be a mental health and wellbeing service provider;

Mental Health Tribunal means the Mental Health Tribunal established under section 330;

Mental Health Workforce Safety and Wellbeing Committee means the Mental Health Workforce Safety and Wellbeing Committee established by the Health Secretary under section 327A;

mental illness has the meaning given by section 4;

Ministerial agreement, in Chapter 13, means an agreement made under section 594;

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

neurosurgery for mental illness means—

(a)any surgical technique or procedure by which a lesion is created in a person's brain for the purpose of treatment; or

(b)the use of intracerebral electrodes to create a lesion in a person's brain for the purpose of treatment; or

(c)the use of intracerebral electrodes to stimulate a person's brain without creating a lesion for the purpose of treatment;

nominated support person means a nominated support person under Part 2.6;

non-legal advocacy protocols for mental health and wellbeing service providers means the protocols referred to in section 42(2);

non-legal mental health advocacy services means services provided by a non-legal mental health advocacy service provider;  

non-legal mental health advocacy service provider includes—

(a)the primary non-legal mental health advocacy service provider; and

(b)any non-legal mental health advocacy service provider designated under section 41(1)(b);

nurse in charge has the same meaning as in the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015;

nurse practitioner means a registered nurse who is endorsed under the Health Practitioner Regulation National Law to practise as a nurse practitioner;

objectives of this Act means the objectives set out in Part 1.3;

opt-out register means the register established by the primary non-legal mental health advocacy service provider under section 51;

outcome report means a report prepared by the chief psychiatrist under section 280;

own initiative investigation means an investigation conducted under section 478;

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 of 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;

participating State or Territory, in Chapter 13, means a State or a Territory—

(a)in which a corresponding law is in force; and

(b)a Minister of which has made an agreement with the Minister under section 594;

party for the purposes of Parts 9.2 and 9.4, in relation to a complaint, means—

(a)the complainant; or

(b)the consumer in relation to the complaint if the consumer—

(i)is not the complainant; and

(ii)has not notified the Mental Health and Wellbeing Commission that the consumer does not wish to be a party to the complaint; or

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

patient means—

(a)an assessment patient; or

(b)a court assessment patient; or

(c)a temporary treatment patient; or

(d)a treatment patient; or

(e)a security patient; or

(f)a forensic patient;

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

physical restraint means the use by a person of their body to prevent or restrict another person's movement but does not include the giving of physical support or assistance to a person in the least restrictive way that is reasonably necessary to—

(a)enable the person to be supported or assisted to carry out daily activities; or

(b)redirect the person because they are disoriented;

prescribed premises, in Chapter 8, means the premises of—

(2)Any amount credited to the Consolidated Fund as the mental health and wellbeing surcharge under the Mental Health Act 2014 as in force immediately before its repeal may be spent on the provision of outputs that are consistent with and promote the objectives of this Act and the mental health and wellbeing principles.

(3)In this section—

mental health and wellbeing surcharge has the meaning given by clause 1 of Schedule 1 to the Payroll Tax Act 2007;

outputs has the meaning given by section 3 of the Financial Management Act 1994.

PART 17.5—MISCELLANEOUS PROVISIONS

Division 1—General

744Power to commence a proceeding

(1)The Health Secretary may commence a proceeding for an offence against this Act (other than under Chapter 7 or 9) or the regulations.

(2)The Mental Health Tribunal may commence a proceeding for an offence under Chapter 7.

(3)The Mental Health and Wellbeing Commission may commence a proceeding for an offence under Chapter 9 related to the functions and powers of the Commission.

(4)A police officer may commence a proceeding for an offence against this Act or the regulations.

745Payment for examination

If a registered medical practitioner has performed an examination for the purposes of this Act and is not otherwise entitled to receive payment for the provision of medical services, the registered medical practitioner may apply to the Health Secretary for payment at the prescribed rate.

746Offence to give false or misleading information

(1)A person must not—

(a)give information, prepare a document or make a statement required to be given or made under this Act (other than Chapters 7 and 9) that the person believes to be false or misleading in any material particular; or

(b)produce a document under this Act that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

Note

See sections 387 and 515.

(2)In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to show that, at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds that the information, document or statement was true or was not misleading.

747Destroying or damaging records

A person must not, without lawful authority, destroy or damage any record required to be kept in accordance with this Act or the regulations.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

748Privilege against self-incrimination

A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Act or the regulations if giving the information or doing the other thing would tend to incriminate the person.

749Validity of order if there is an error

(1)The validity of an order made under this Act (other than an order made by the Mental Health Tribunal) or any other document made or prepared under this Act is not affected by an error in it unless—

(a)the error relates to the grounds on which the order or document was made and proper grounds for making the order or document do not exist; or

(b)as a result of the error, the order or document does not comply with a mandatory requirement of this Act relating to the making of the order or document.

(2)If an error in an order or other document does not affect the validity of the order or document, the person who made the order or document may correct the error.

750Defect in appointment or delegation

(1)An appointment or a delegation of powers or functions made under this Act (other than an appointment or delegation made under Chapter 7) is not invalid only because of a defect or irregularity in the form or process of the appointment or delegation.

(2)An act or a decision of a person under this Act is not invalid only because of any defect or irregularity in the form or process of the person's appointment.

751Conflict of interest

A person must not perform functions or duties or exercise powers under this Act in respect of another person if the person would have a conflict of interest in performing functions or duties or exercising powers in respect of that other person.

752Service of documents

A notice or other document that is required to be given under this Act is taken to be given to—

(a)a natural person if it is—

(i)given to the person; or

(ii)left at, or sent by post to, the person's last known postal or residential address or place of employment; or

(iii)emailed to the person's email address; or

(iv)sent by electronic communication to the person on an electronic system accessible by the person; and

(b)a body corporate if it is—

(i)left at, or sent by post to, the principal or registered office of the body corporate or its principal place of business; or

(ii)faxed to the fax number of the body corporate; or

(iii)emailed to the email address of the body corporate.

753Immunity—Part 17.1

(1)A person employed or engaged by a mental health and wellbeing service provider who discloses personal information or health information under this Act or the regulations in good faith and in the reasonable belief that the disclosure is in accordance with this Act or the regulations is not personally liable for any loss, damage or injury suffered by another person as a result.

(2)Any liability resulting from a disclosure referred to in subsection (1) that, but for that subsection, would attach to the person employed or engaged by a mental health and wellbeing service provider attaches instead to the State.

Division 2—Codes of Practice

754Purpose of Codes of Practice

(1)The purpose of a Code of Practice is to provide practical guidance to any person or body performing functions and duties or exercising powers under this Act to promote best practice.

(2)A Code of Practice must not—

(a)impose a duty on any person; or

(b)create an enforceable legal right; or

(c)impose any liability or penalty.

755Making of Codes of Practice

(1)The following persons may make a Code of Practice—

(a)the Health Secretary;

(b)the Chief Officer.

(2)Before making a Code of Practice, the Health Secretary or the Chief Officer may consult one or more of the following—

(a)the Mental Health and Wellbeing Commission;

(b)the chief psychiatrist;

(c)the President;

(d)a designated mental health service;

(e)a carer support group;

(f)a consumer advocacy group;

(g)any other person that the Health Secretary or the Chief Officer (as the case may be) considers should be consulted.

756Commencement and availability of Codes of Practice

(1)As soon as practicable after making a Code of Practice, the Health Secretary or the Chief Officer must publish on the Department's Internet site—

(a)a notice that states—

(i)the date of commencement of the Code of Practice; and

(ii)the place where copies of the Code of Practice may be obtained; and

(b)the Code of Practice.

(2)The date of commencement of a Code of Practice is the date that the notice under subsection (1)(a) is published on the Department's Internet site or a later date specified in the notice.

(3)To the extent that a Code of Practice published by the Health Secretary is inconsistent with a Code of Practice published by the Chief Officer, the Code of Practice published by the Health Secretary prevails to the extent of the inconsistency.

757Codes of Practice may apply, adopt or incorporate

A Code of Practice may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(a)wholly or partially or as amended by the Code of Practice; or

(b)as formulated, issued, prescribed or published at the time that the Code of Practice is made or at any time before then; or

(c)as formulated, issued, prescribed or published from time to time.

Division 3—Review of this Act

758   Review of this Act 

(1)The Minister must cause a review of the operation of this Act to be commenced within one year after the fifth anniversary of the day this Act came into operation.

(2)The Minister must cause a copy of the report of the review to be laid before each House of the Parliament no later than 7 years after this Act came into operation.

Division 4—Regulations

759Regulations

(1)The Governor in Council may make regulations for or with respect to the following matters—

(a)prescribing forms to be used for the purposes of this Act;

(b)prescribing fees for the purposes of this Act;

(c)prescribing the keeping and the form of any records or other documents as may be necessary for the administration of this Act;

(d)the collection, provision, transfer, disclosure or use of information for the purposes of this Act;

(e)prescribing persons or classes of persons necessary to be prescribed for the purposes of this Act;

(ea)prescribing purposes and circumstances for the purposes of section 728(2)(h);

(f)prescribing the remuneration and allowances of Tribunal members, including remuneration and allowances that differ for different classes of Tribunal member;

(g)prescribing entities or classes of entity to be specified service providers or emergency service providers;

(h)prescribing types of health information for the purposes of sharing it with emergency service providers;

(i)prescribing circumstances triggering a notification to the primary non-legal mental health advocacy service provider;

(j)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of limited or general application; and

(b)differ according to differences in time, place or circumstance; and

(c)confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(d)provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified; and

(e)in the case of a regulation made under subsection (1)(f), provide for different classes of member whether or not those classes are the same as the classes referred to in Chapter 7; and

(f)apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time; and

(g)impose a penalty not exceeding 20 penalty units for any contravention of the regulations.

760Fees

(1)A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum or minimum fees;

(c)maximum and minimum fees;

(d)a scale of fees;

(e)the payment of fees either generally or under specified conditions or in specified circumstances, including conditions or circumstances relating to the late lodgement of any application, or the late payment of fees, under this Act;

(f)the reduction, waiver or refund, in whole or in part, of the fees.

(2)If the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund—

(a)may be expressed to apply either generally or specifically—

(i)in respect of certain matters or transactions or classes of matters or transactions; or

(ii)in respect of certain documents or classes of documents; or

(iii)when an event happens; or

(iv)in respect of certain persons or classes of persons; or

(v)in respect of any combination of matters, transactions, documents, events or persons; and

(b)may be expressed to apply subject to specified conditions or in the discretion of any specified person.

(3)If the regulations provide for a refund of a fee the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.

CHAPTER 18—REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

PART 18.1—REPEALS

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

(1)The Mental Health Act 2014 is repealed.

(2)The Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 is repealed.

PART 18.2—SAVINGS AND TRANSITIONAL PROVISIONS

762Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Part and any regulations made under this Part do not affect or take away from the Interpretation of Legislation Act 1984.

763Mental Health Tribunal

(1)Despite the repeal of section 152 of the Mental Health Act 2014, the Mental Health Tribunal as established and in existence under that section as in force immediately before its repeal continues on and from that repeal as the Mental Health Tribunal under section 330 as if it had been established under that section.

(2)Any application made to the Mental Health Tribunal under the Mental Health Act 2014 and not heard or determined on the repeal of that Act may be heard and determined, on and from that repeal, as if it were an application under the corresponding provision of this Act.

764Rules Committee

Despite the repeal of section 207 of the Mental Health Act 2014, the Rules Committee of the Mental Health Tribunal as established and in existence under that section as in force immediately before its repeal continues on and from that repeal as the Rules Committee under section 389 as if it had been established under that section.

765Chief psychiatrist and authorised officers

(1)The person appointed as the chief psychiatrist under section 119 of the Mental Health Act 2014 immediately before the repeal of that Act is, on and after that repeal, taken to be the chief psychiatrist appointed under section 265 for the remainder of that person's term of appointment.

(2)A person appointed as an authorised officer under section 146 of the Mental Health Act 2014 immediately before the repeal of that Act is, on and after that repeal, taken to be an authorised officer appointed under section 275.

766Reportable deaths

(1)On and after the commencement of Part 17.3, a reportable death within the meaning of section 4 of the Coroners Act 2008 that occurred before that commencement and has not reported in accordance with section 348 of the Mental Health Act 2014 must be reported in accordance with section 741 of this Act.

(2)On and after the commencement of Part 17.3, a reportable death within the meaning of section 4 of the Coroners Act 2008 that occurred immediately before that commencement and is not reported in accordance with section 349 of the Mental Health Act 2014 must be reported in accordance with section 742 of this Act.

767Victorian Collaborative Centre for Mental Health and Wellbeing

(1)Despite the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, the Victorian Collaborative Centre for Mental Health and Wellbeing established under that Act continues on and from that repeal as the the Victorian Collaborative Centre for Mental Health and Wellbeing under this Act and no act, matter or thing is affected merely because of that repeal.

(2)On and after the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, a member of the Board of the Victorian Collaborative Centre for Mental Health and Wellbeing appointed under that Act and holding office immediately before that repeal is taken to be a member of the Centre Board appointed under this Act for the remainder of that member's original appointment.

(3)On and after the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, a director of the Victorian Collaborative Centre for Mental Health and Wellbeing appointed under that Act and holding office immediately before its repeal is taken to be a director of the Centre appointed under this Act, on the same terms and conditions, for the remainder of that director's term of appointment.

(4)On and after the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, any person who immediately before that repeal was employed under that Act is taken to be employed by the Centre under this Act until the person ceases to be so employed.

(5)On and after the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, a person holding office as a member of a committee of the Board of the Victorian Collaborative Centre for Mental Health and Wellbeing immediately before that repeal continues, subject to this Act, to hold that office for the balance of the term for which the person was appointed and on the same terms and conditions as those on which the person held that office immediately before that repeal.

(6)On and after the repeal of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, an agreement entered into under section 10 of that Act is taken to be an agreement entered into under section 646 of this Act.

768   Community visitors 

(1)Despite the repeal of section 221 of the Mental Health Act 2014, the Community Visitors Mental Health Board as established and in existence under that section as in force immediately before its repeal continues on and from that repeal as the Community Visitors Mental Health Board under section 404 as if it had been established under that section.

(2)A person holding office as a community visitor immediately before the repeal of the Mental Health Act 2014 continues, subject to this Act, to hold that office on and after that repeal for the balance of the term for which the person was appointed and on the same terms and conditions as those on which the person held that office immediately before that repeal.

(3)If, immediately before the repeal of the Mental Health Act 2014, a person receiving mental health and wellbeing services at a prescribed premises, or any person on their behalf, made a request under section 219 of the Mental Health Act 2014 to be visited by a community visitor and the person in charge of the prescribed premises had not yet advised a community visitor that a request had been made, that request, on and after that repeal is taken to be a request made under section 402.

769Right to communicate

On and after the repeal of the Mental Health Act 2014, a direction under section 16 of that Act restricting an inpatient's right to communicate that was in effect immediately before that day is taken to be a direction given under section 54.

770Advance statements

On and after the repeal of the Mental Health Act 2014, an advance statement under Division 3 of Part 3 of that Act that was in effect immediately before that repeal is taken to be an advance statement of preferences in effect under this Act.

771Nominated persons

On and after the repeal of the Mental Health Act 2014, a person who is a nominated person under Division 4 of Part 3 of that Act immediately before that repeal is taken to be a nominated support person under this Act.

772Medical treatment

If, immediately before the repeal of the Mental Health Act 2014, consent is given under Division 3 of Part 5 of that Act and the course of medical treatment to which the consent relates has not commenced or been completed, that consent is taken to be, for the purposes of that course of medical treatment, consent given under this Act.

773Second psychiatric opinions

If, immediately before the repeal of the Mental Health Act 2014, a report under section 84 of that Act has been prepared, and that report recommends changes to an eligible patient's current treatment, that report is taken to be, for the purposes of this Act, a report under section 72.

774Electroconvulsive treatment

(1)Despite the repeal of the Mental Health Act 2014, if, immediately before that repeal, a person gives informed consent to a course of electroconvulsive treatment in accordance with Division 5 of Part 5 of that Act, that Part continues to apply to that person in relation to the course of electroconvulsive treatment to which the person gave informed consent.

(2)Despite the repeal of the Mental Health Act 2014, if, immediately before that repeal, the Tribunal authorises a course of electroconvulsive treatment for a person in accordance with Division 5 of Part 5 of that Act, that Part continues to apply to that person in relation to the course of electroconvulsive treatment authorised by the Tribunal.

775Neurosurgery for mental illness

(1)On and after the repeal of the Mental Health Act 2014, an application made under section 100(2) of that Act is taken to be an application made under section 120 if, immediately before that day the Mental Health Tribunal—

(a)has not started to hear the matter in relation to the application; or

(b)has started to hear the matter in relation to the application but not determined it.

(2)If, immediately before the repeal of the Mental Health Act 2014, the Tribunal has approved any application under section 100(2) of that Act and given approval for the performance of neurosurgery on a person, and that neurosurgery is not yet performed, on and after that repeal the approval is taken to be an approval for the performance of neurosurgery given under this Act.

(3)A psychiatrist who, immediately before the repeal of the Mental Health Act 2014 arranges for a neurosurgeon to perform neurosurgery on a person and has not complied with the requirements of section 104 of that Act must comply with section 123.

776Seclusion and bodily restraint

(1)On and after the repeal of the Mental Health Act 2014, an authorisation to use a bodily restraint on a person under section 114 of that Act is taken to be an authorisation under section 132 with respect to the person.

(2)On and after the repeal of the Mental Health Act 2014, an authorisation for the use of seclusion on a person under section 111 of that Act is taken to be an authorisation under section 132 with respect to the person.

777Victorian Institute of Forensic Mental Health

(1)Despite the repeal of section 328 of the Mental Health Act 2014, the Victorian Institute of Forensic Mental Health as continued and in existence under that section as in force immediately before its repeal continues, on and after that repeal, as the Victorian Institute of Forensic Mental Health established under section 610 as if it had been established under that section, and no act, matter or thing is affected merely because of that repeal.

(2)On and after the repeal of the Mental Health Act 2014, a director of the board of the Victorian Institute of Forensic Mental Health appointed under section 334 of that Act and holding office immediately before that repeal is taken to be, despite Part 14.2, a director of the Institute Board appointed under this Act for the remainder of the director's current term of appointment.

778Electronic health information system

On and after the repeal of the Mental Health Act 2014, the electronic health information system referred to in section 347 of that Act is taken to be the same electronic health information system established by section 727.

779Assessment orders

On and after the repeal of the Mental Health Act 2014, an Assessment Order that was made under that Act and which is in force immediately before that repeal continues in force as if it were an assessment order made under Chapter 4.

780Court assessment orders

(1)Despite the repeal of section 41 of the Mental Health Act 2014, if an authorised psychiatrist varied a Community Court Assessment Order to an Inpatient Court Assessment Order under that section and the Court Assessment Order is in force immediately before that repeal, the variation is taken to be a change of assessment under a community court assessment order in accordance with section 170(1).

(2)Despite the repeal of section 41 of the Mental Health Act 2014, if an authorised psychiatrist varied an Inpatient Court Assessment Order to a Community Court Assessment Order under that section and the Court Assessment Order is in force immediately before that repeal, the variation is taken to be a change of assessment under an inpatient court assessment order in accordance with section 170(2).

781Temporary treatment orders

On and after the repeal of the Mental Health Act 2014, a Temporary Treatment Order that was made under that Act and which is in force for the period specified in the Order immediately before that repeal continues in force as if it were a temporary treatment order made under Chapter 4.

782Treatment orders

(1)On and after the repeal of the Mental Health Act 2014, a Treatment Order that was made under that Act and which is in force for the period specified in the Order immediately before that repeal continues in force as if it were a treatment order made under Chapter 4.

(2)Despite subsection (1), if the period specified in the Treatment Order is more than 6 months, the Mental Health Tribunal—

(a)in confirming the treatment order under section 204, must reduce the period as the Tribunal considers appropriate so that it is not more than 6 months; or

(b)in confirming the treatment order and determining that the order is an inpatient order under section 207, must reduce the period as the Tribunal considers appropriate so that it is not more than 6 months.

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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: 23 June 2022

Legislative Council: 4 August 2022

The long title for the Bill for this Act was "A Bill for an Act to re-enact, with amendments, the law relating to the treatment of persons living with mental illness or experiencing psychological distress, to repeal the Mental Health Act 2014 and the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, to consequentially amend other Acts and for other purposes."

The Mental Health and Wellbeing Act 2022 was assented to on 6 September 2022 and came into operation on 1 September 2023: section 2(2).

Section 605 never proclaimed, repealed on 9 August 2023 by section 37 of the Mental Health and Wellbeing Amendment Act 2023, No. 20/2023.

2   Table of Amendments

This publication incorporates amendments made to the Mental Health and Wellbeing Act 2022 by Acts and subordinate instruments.

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Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	Ss 783(5), 885 on 1.9.23: s. 2(2)
Note:	S. 885 repealed Ch. 19 (ss 784–885) on 1.9.24; s. 783(5) repealed s. 783 on 1.9.25
Current State:	This information relates only to the provision/s amending the Mental Health and Wellbeing Act 2022

Mental Health and Wellbeing Amendment Act 2023, No. 20/2023

Assent Date:	8.8.23
Commencement Date:	Ss 3–49 on 9.8.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mental Health and Wellbeing Act 2022

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 23) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Mental Health and Wellbeing Act 2022

Mental Health Legislation Amendment Act 2025, No. 44/2025

Assent Date:	13.11.25
Commencement Date:	Ss 42−75 on 14.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mental Health and Wellbeing Act 2022

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3   Explanatory details

No entries at date of publication.