Mental Health and Wellbeing Regulations 2023 (Vic)
Version No. 002
Mental Health and Wellbeing Regulations 2023
S.R. No. 89/2023
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Mental Health Workforce Safety and Wellbeing Committee
5Membership of Committee
6Term of appointment of members of Committee
7Vacancy and resignation
8Removal from office
9Appointment of replacement for member of Committee
10Expert assistance for Committee
11Terms of reference for Committee
12Functions of Committee
13General procedure of Committee
14Procedures of Committee
Part 3—General provisions
15Authorised mental health practitioner
16Designated mental health service
17Mental health and wellbeing professional—social worker or counsellor
18Mental health and wellbeing service
19Mental health and wellbeing service provider
20Prescribed premises
21Notification to primary non-legal mental health advocacy service of variation of temporary treatment order or treatment order
22Remuneration and allowances
23Electing persons to Community Visitors Mental Health Board
24Functions of the Public Advocate
25Functions of Mental Health and Wellbeing Commission—prescribed persons or bodies
26Use and disclosure of information in records in custody of Mental Health and Wellbeing Commission
27Electronic health information system
28Payment for examination
Schedule 1—Designated mental health services
Schedule 2—Mental Health Tribunal member remuneration
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Mental Health and Wellbeing Regulations 2023
S.R. No. 89/2023
Version incorporating amendments as at
1 July 2025
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to prescribe for the purposes of the Mental Health and Wellbeing Act 2022—
(a)provisions relating to the establishment and procedures of the Mental Health Workforce Safety and Wellbeing Committee; and
(b)hospitals and services that are designated mental health services; and
(c)provisions relating to the definitions of authorised mental health practitioner, designated mental health service, mental health and wellbeing professional, mental health and wellbeing service, mental health and wellbeing service provider and prescribed premises; and
(d)requirements for notifications to the primary non-legal mental health advocacy service; and
(e)remuneration and allowances payable to members of the Mental Health Tribunal; and
(f)matters in relation to the Community Visitors Mental Health Board; and
(g)persons and bodies for the purposes of the functions of the Mental Health and Wellbeing Commission; and
(h)matters in relation to the use and disclosure of information in the records in the custody of the Mental Health Complaints Commissioner; and
(i)matters relating to the electronic health information system; and
(j)the rate of payment for an examination.
2Authorising provision
These Regulations are made under section 759 of the Mental Health and Wellbeing Act 2022.
3Commencement
These Regulations come into operation on 1 September 2023.
4Definitions
In these Regulations—
Mental Health Complaints Commissioner means the person appointed as a Mental Health Complaints Commissioner under section 226 of the Mental Health Act 2014 as in force immediately before its repeal;
the Act means the Mental Health and Wellbeing Act 2022;
Victorian WorkCover Authority means the Victorian WorkCover Authority continued in existence by section 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013.
PART 2—MENTAL HEALTH WORKFORCE SAFETY AND WELLBEING COMMITTEE
5Membership of Committee
The Health Secretary, from time to time, may determine the number of members of the Mental Health Workforce Safety and Wellbeing Committee.
6Term of appointment of members of Committee
A member of the Mental Health Workforce Safety and Wellbeing Committee is to be appointed for 2 years and may be reappointed.
7Vacancy and resignation
A member of the Mental Health Workforce Safety and Wellbeing Committee ceases to hold office if the member—
(a)resigns by written notice given to the Health Secretary; or
(b)is removed from office under regulation 8.
8Removal from office
The Health Secretary may remove a member of the Mental Health Workforce Safety and Wellbeing Committee from office if the member—
(a)becomes unable to perform the duties of the office; or
(b)fails to attend 2 meetings of the Committee in a financial year without the approval of the joint chairs of the Committee; or
(c)engages in improper conduct.
9Appointment of replacement for member of Committee
If a member of the Mental Health Workforce Safety and Wellbeing Committee ceases to hold office under regulation 7, or is removed from office under regulation 8, the Health Secretary may appoint a new member to the Committee for the remainder of the term of appointment of the member.
10Expert assistance for Committee
(1)The Mental Health Workforce Safety and Wellbeing Committee may invite persons with appropriate expertise to attend meetings of the Committee to assist the Committee in the performance of its functions.
(2)A person invited under subregulation (1) is not a member of the Committee and may not vote on the decisions of the Committee.
11Terms of reference for Committee
The Mental Health Workforce Safety and Wellbeing Committee may approve terms of reference for the Committee from time to time.
12Functions of Committee
The functions of the Mental Health Workforce Safety and Wellbeing Committee are—
(a)to monitor and respond to changes to the workplace environment within the mental health sector by identifying key risks to workforce wellbeing; and
(b)to regularly monitor data on workforce wellbeing to analyse and identify key trends and drivers affecting workplace wellbeing; and
(c)to provide authoritative advice to the Health Secretary on—
(i)options to prevent, ameliorate or control risks to health, safety and wellbeing in the mental health and wellbeing workforce; and
(ii)the Department's strategies for supporting the safety, wellbeing and retention of the mental health and wellbeing workforce; and
(d)to assist the Department and the Victorian WorkCover Authority in communicating best practice, trends and concerns for workforce wellbeing in the mental health and wellbeing sector.
13General procedure of Committee
Subject to these Regulations and the terms of reference, the Mental Health Workforce Safety and Wellbeing Committee may regulate its own procedure.
14Procedures of Committee
(1)The Mental Health Workforce Safety and Wellbeing Committee must meet at least quarterly in each year.
(2)The joint chairs of the Committee may determine the procedure at meetings of the Committee in accordance with—
(a)the Committee's terms of reference; and
(b)any directions of the Health Secretary.
(3)The joint chairs of the Committee must preside at meetings of the Committee.
(4)In the absence of one of the joint chairs, the chair who is present may preside at a meeting of the Committee.
(5)A quorum for a meeting is at least one of the joint chairs and half of the members of the Committee.
(6)If there is not a quorum at a meeting, a new meeting of the Committee must be convened as soon as practicable.
(7)A decision of the Committee at a meeting is to be determined by a majority of votes of members voting in person or by proxy.
(8)If a member is unable to attend a meeting of the Committee—
(a)the member may nominate in writing to the joint chairs a person as a proxy; and
(b)if the nomination is approved by a chair, the proxy may attend the meeting and vote in the member's place.
PART 3—GENERAL PROVISIONS
15Authorised mental health practitioner
For the purposes of paragraph (b) in the definition of authorised mental health practitioner in section 3(1) of the Act, a person is a member of a prescribed class of person if the person—
(a)is employed or engaged by a designated mental health service as a mental health clinician; and
(b)has completed the degree of Bachelor of Health Science (Mental Health) at Charles Sturt University.
16Designated mental health service
For the purposes of the definition of designated mental health service in section 3(1) of the Act, the hospitals and services listed in Schedule 1 are prescribed.
17Mental health and wellbeing professional—social worker or counsellor
(1)For the purposes of paragraph (f) in the definition of mental health and wellbeing professional in section 3(1) of the Act, a person is a social worker of a prescribed class if the person—
(a)is a social worker in Victoria; and
(b)has a qualification that makes the person eligible to be a member of the Australian Association of Social Workers.
(2)For the purposes of paragraph (g) in the definition of mental health and wellbeing professional in section 3(1) of the Act, a person is a counsellor of a prescribed class if the person is a counsellor who—
(a)has completed a university degree of Bachelor of Counselling or Master of Counselling; and
(b)is a member of—
(i)the Australian Counselling Association; or
(ii)the Psychotherapy and Counselling Federation of Australia.
18Mental health and wellbeing service
The following services are prescribed not to be a mental health and wellbeing service for the purposes of the definition of mental health and wellbeing service in section 3(1) of the Act—
(a)a mental health and wellbeing advocacy service;
(b)for the period commencing on 1 September 2023 and ending on 31 March 2024, a service provided in an emergency department of a designated mental health service to a person who is not a patient within the meaning of the Act.
19Mental health and wellbeing service provider
(1)For the purposes of the definition of mental health and wellbeing service provider in section 3(1) of the Act, the following classes of entity are prescribed not to be a mental health and wellbeing service provider—
(a)the proprietor of a registered school;
(b)an approved provider of an approved education and care service;
(c)an approved provider of an approved children's service;
(d)the Department of Education;
(e)an entity engaged or employed to provide a mental health and wellbeing service at or as part of any of the following but only to the extent that it is providing the service to the children and students who are enrolled at or staff who are engaged to work at the school or service—
(i)a registered school;
(ii)an approved education and care service;
(iii)an approved children's service;
(f)a court or tribunal, or other entity that exercises a function that is of a judicial or quasi-judicial nature;
(g)a provider of a workplace mental health and wellbeing support service but only to the extent of the provision of that service.
(2)In this regulation—
approved children's service has the same meaning as in section 3(1) of the Children's Services Act 1996;
approved education and care service has the same meaning as in the Education and Care Services National Law (Victoria);
approved provider, in relation to an approved children's service, has the same meaning as in the Children's Services Act 1996;
approved provider, in relation to an approved education and care service, has the same meaning as in the Education and Care Services National Law (Victoria);
member of a workforce, in relation to an entity, includes—
(a)any person employed by the entity under a contract of service, whether or not under a federal agreement or award;
(b)any person employed by the entity under the Public Administration Act 2004;
(c)any person appointed to a statutory office in the entity;
(d)any person engaged by the entity under a contract for services;
(e)any person engaged by the entity to perform any work the remuneration for which is based wholly or partly on commission;
(f)any person who is working with the entity as an unpaid worker or volunteer;
proprietor, in relation to a registered school, means—
(a)a person, body, or institution that owns or controls one or more registered schools;
(b)any person or body that is specified in the registration of the school under the Education and Training Reform Act 2006 as the proprietor of the school;
registered school has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
workplace mental health and wellbeing support service means a mental health and wellbeing service that is provided or offered to members of the workforce of an entity or the family members of those members by—
(a)the entity; or
(b)another entity under an arrangement or agreement with the first-mentioned entity.
Example
An employee wellbeing support program.
20Prescribed premises
For the purposes of paragraph (c) of the definition of prescribed premises in section 3(1) of the Act, the prescribed class of mental health and wellbeing service providers is the class of providers of mental health and wellbeing services known as Prevention and Recovery Care (PARC) services.
21Notification to primary non-legal mental health advocacy service of variation of temporary treatment order or treatment order
An authorised psychiatrist must ensure that the primary non-legal mental health advocacy service provider is notified of the following variations as soon as practicable after the variation is made—
(a)a variation to a temporary treatment order or a treatment order under section 223(1) of the Act;
(b)a variation to a temporary treatment order in accordance with a direction of the chief psychiatrist under section 223(2) of the Act.
22Remuneration and allowances
For the purposes of section 345 of the Act—
(a)the prescribed remuneration for a class of Tribunal member specified in Column 1 of the table in Schedule 2 is expressed as a percentage of the remuneration payable from time to time to a member of VCAT specified in Column 2 of that table corresponding to that class of Tribunal member and, in the case of a part-time appointment, is reduced pro rata; and
(b)the prescribed allowances to which a member of the Tribunal is entitled are the allowances determined in relation to that office by the Health Secretary from time to time in accordance with any applicable departmental policy.
23Electing persons to Community Visitors Mental Health Board
For the purposes of section 405(b) of the Act—
(a)an election must be held before 30 June in each year and be conducted in accordance with these Regulations; and
(b)at least one community visitor must be elected to the Community Visitors Mental Health Board each year; and
(c)a community visitor elected to the Community Visitors Mental Health Board holds office from 1 July of the year that the community visitor is elected for a period of 2 years unless the community visitor resigns or the office of that community visitor becomes vacant.
24Functions of the Public Advocate
For the purposes of section 405(b) of the Act, the Public Advocate has the following functions in relation to elections to the Community Visitors Mental Health Board—
(a)to determine the process for the election of members to the Community Visitors Mental Health Board and the filling of any casual vacancy in respect of that Board, including the requirements in relation to the notice of an election, nomination of candidates, ballot papers, method of voting and counting votes;
(b)to appoint a returning officer to conduct an election of members to the Community Visitors Mental Health Board or the filling of any casual vacancy in respect of that Board;
(c)to determine questions relating to the validity or regularity of votes;
(d)to ensure that a list of names and addresses of community visitors is maintained.
25Functions of Mental Health and Wellbeing Commission—prescribed persons or bodies
For the purposes of section 415(w)(xv) of the Act, Safer Care Victoria, the administrative office in relation to the Department of Health, is prescribed.
26Use and disclosure of information in records in custody of Mental Health and Wellbeing Commission
The Mental Health and Wellbeing Commission may use and disclose any information in the records of the Mental Health Complaints Commissioner for the purpose of exercising any power or carrying out any function under the Act or the Mental Health Act 2014 as in force immediately before its repeal.
27Electronic health information system
For the purposes of section 727(4)(b) and (c) of the Act, The Bouverie Centre at La Trobe University is a prescribed mental health and wellbeing service provider.
28Payment for examination
For the purposes of section 745 of the Act, the prescribed rate in relation to an examination under the Act is the fee that is applicable in respect of the item of medical service in relation to such an examination that is set out in the table of medical services prescribed under section 4 of the Health Insurance Act 1973 of the Commonwealth.
SCHEDULE 1—DESIGNATED MENTAL HEALTH SERVICES
Regulation 16
Albury Wodonga Health
Alfred Health
Austin Health
Barwon Health
Bendigo Health Care Group
Eastern Health
Goulburn Valley Health
Grampians Health
Latrobe Regional Hospital
Melbourne Health
Mercy Public Hospitals Incorporated
Mildura Base Public Hospital
Monash Health
Northern Health
Parkville Youth Mental Health and Wellbeing Service
Peninsula Health
South West Healthcare
St Vincent's Hospital (Melbourne) Limited
The Royal Children's Hospital
Western Health
SCHEDULE 2—MENTAL HEALTH TRIBUNAL MEMBER REMUNERATION
Regulation 22
| Column 1 | Column 2 |
Mental Health Tribunal member class | Percentage rate of comparable VCAT member remuneration |
| President | 75% of remuneration payable to VCAT Deputy President |
| Deputy President | 70% of remuneration payable to VCAT Deputy President |
| Senior Tribunal member Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT senior member |
| Senior Tribunal member Community member | 75% of remuneration payable to VCAT senior member |
| Ordinary Tribunal member Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT ordinary member |
| Ordinary Tribunal member Community member | 75% of remuneration payable to VCAT ordinary member |
| Ordinary Tribunal member (sessional) Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT ordinary member (presiding) (sessional) |
| Ordinary Tribunal member (sessional) Community member | 75% of remuneration payable to VCAT ordinary member (non-presiding) (sessional) |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Mental Health and Wellbeing Regulations 2023, S.R. No. 89/2023 were made on 22 August 2023 by the Governor in Council under section 759 of the Mental Health and Wellbeing Act 2022, No. 39/2022 and came into operation on 1 September 2023: regulation 3.
The Mental Health and Wellbeing Regulations 2023 will sunset 10 years after the day of making on 22 August 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Mental Health and Wellbeing Regulations 2023 by statutory rules, subordinate instruments and Acts.
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Mental Health and Wellbeing Amendment Regulations 2023, S.R. No. 92/2023
Date of Making: 29.8.23 Date of Commencement: 1.9.23: reg. 3
Mental Health and Wellbeing Amendment (Parkville Youth Mental Health and Wellbeing Service) Regulations 2025, S.R. No. 47/2025
Date of Making: 11.6.25 Date of Commencement: 1.7.25: reg. 3
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3 Explanatory details
No entries at date of publication.
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