Mental Health Legislation Amendment Act 2025 (Vic)
Mental Health Legislation Amendment Act 2025
No. 44 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Mental Health and Wellbeing Act 2022
Division 1—Functions and powers of the Mental Health Tribunal
3Definitions
4Communicating under this Act
5Functions of the Mental Health Tribunal
6Consideration of mental health and wellbeing principles
7Members of the Mental Health Tribunal
8Senior Tribunal members and ordinary Tribunal members
9New section 341A inserted
10Community members
11Section 352 substituted
12Section 353 substituted
13Section 354 substituted
14Secrecy
15Register of proceedings
16Divisions of the Mental Health Tribunal
17Constitution of the Mental Health Tribunal
18When can the Mental Health Tribunal be constituted by a single member?
19General procedure of the Mental Health Tribunal
20Who are the parties to a proceeding?
21Appearance and representation at hearing
22Interpreters
23Form and content of applications to the Mental Health Tribunal
24Principal registrar may reject certain applications
25Review by President
26Withdrawal of applications and striking out of proceeding
27Section 371 amended
28New section 371A inserted
29Access to documents
30Section 374 amended
31New section 374A inserted
32Hearings to be closed to the public
33Determination of proceeding
34Referral of question of law to Supreme Court
35Validity of proceedings
36Review by VCAT
37Definitions for this Chapter
38Section 574 amended
39Information from electronic health information system
40Permitted disclosure of health information without consent of person
41New Part 18.3 inserted
Division 2—Information sharing
42Electronic health information system
43Information from electronic health information system
44Disclosure of health information with consent of person
45Permitted disclosure of health information without consent of person
46Offence to use or disclose electronic health information system information without authorisation
47Offence to use electronic health information system in a manner unauthorised
48Service of documents
49Regulations
Division 3—Other matters
50Definitions
51Restriction on right to communicate to be monitored regularly
52Powers of a psychiatrist giving a second psychiatric opinion
53Review by chief psychiatrist
54Heading to section 84 amended
55When a patient does not have capacity to give informed consent or does not give informed consent to treatment
56Matters authorised psychiatrist must consider in consenting to medical treatment for a patient
57Matters to be considered if authorising restrictive intervention
58Notification to, and initial examination by, authorised psychiatrist
59Facilities and supplies to be provided to person subject to restrictive intervention
60Treatment patient—application for another treatment order
61Register of proceedings
62When can the Mental Health Tribunal be constituted by a single member?
63Notice of hearing
64Grounds for not dealing with a complaint
65Decision on how the Mental Health and Wellbeing Commission will deal with a complaint
66Non-disclosure of information—investigations and complaint data reviews
67Non-disclosure of information—complaint resolution processes
68Non-disclosure of information given in conciliation
69Grant of leave of absence
70Matters to take into account for monitored leave
71Authorised psychiatrist may direct security patient to be transported to another designated mental health service
72Authorised psychiatrist may direct forensic patient be transported to another designated mental health service
73Examination before application for an intensive monitored supervision order
74Mental Health Tribunal powers in respect of applications under this Chapter
75Terms and conditions of appointment of directors
Part 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
76Definitions
77Special leave
78Granting of on-ground or limited off-ground leave
79Applicant profile
80Leave plan or statement
81Suspension of special leave, on-ground leave or limited off-ground leave
82Divisions 2 and 3 of Part 7 repealed
83Section 73O repealed
84Schedules 1 and 2 repealed
85Inadmissibility of evidence in other proceedings
86New section 92 inserted
Part 4—Amendment of Freedom of Information Act 1982
87Definitions
88New Division 3A of Part VII inserted
Part 5—Amendment of Health Services Act 1988
89Electronic Patient Health Information Sharing System
90Access to, use and disclosure of information held in Electronic Patient Health Information Sharing System for provision of medical treatment
91Secretary authorised to access Electronic Patient Health Information Sharing System and use and disclose specified patient health information
Part 6—Repeal of this Act
92Repeal of this Act
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Endnotes
1 General information
Mental Health Legislation Amendment Act 2025
No. 44 of 2025
[Assented to 13 November 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Mental Health and Wellbeing Act 2022 in relation to—
(i)the Mental Health Tribunal; and
(ii)information sharing; and
(iii)other matters to improve the operation of that Act; and
(b)to amend the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(i)to abolish the Forensic Leave Panel; and
(ii)to provide for the functions and powers of the Mental Health Tribunal under that Act; and
(c)to amend the Freedom of Information Act 1982 in relation to the Mental Health Tribunal; and
(d)to amend the Health Services Act 1988 in relation to information sharing.
2Commencement
(1)This Part, Divisions 2 and 3 of Part 2 and Parts 5 and 6 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 September 2026, it comes into operation on that day.
PART 2—AMENDMENT OF MENTAL HEALTH AND WELLBEING ACT 2022
Division 1—Functions and powers of the Mental Health Tribunal
3Definitions
In section 3(1) of the Mental Health and Wellbeing Act 2022—
(a)the definition of Forensic Leave Panel is repealed;
(b)insert the following definitions—
"forensic resident has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
international forensic patient has the same meaning as in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;".
4Communicating under this Act
(1)In section 7(1)(f) of the Mental Health and Wellbeing Act 2022, for "complainant." substitute "complainant; or".
(2)After section 7(1)(f) of the Mental Health and Wellbeing Act 2022 insert—
"(g)a person who is the subject of a proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 before the Mental Health Tribunal.".
5Functions of the Mental Health Tribunal
(1)In section 332(a) of the Mental Health and Wellbeing Act 2022—
(a)in subparagraph (xiv) omit "and";
(b)after subparagraph (xiv) insert—
"(xv)an application under section 574 for a review of a direction to take a forensic patient to another designated mental health service under section 571 or 572; and".
(2)At the end of section 332 of the Mental Health and Wellbeing Act 2022 insert—
"(2)In addition, the Mental Health Tribunal has the following functions under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)to hear and determine—
(i)an application by a forensic patient or forensic resident for on-ground leave or limited off-ground leave; and
(ii)an application by a forensic patient or forensic resident for a review of a decision made in respect of special leave of absence;
(b)any other function conferred on the Mental Health Tribunal by or under that Act.".
6Consideration of mental health and wellbeing principles
(1)In section 333 of the Mental Health and Wellbeing Act 2022, for "In" substitute "Subject to subsection (2), in".
(2)At the end of section 333 of the Mental Health and Wellbeing Act 2022 insert—
"(2)The Mental Health Tribunal is not required to give consideration to the mental health and wellbeing principles when hearing and determining a proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.".
7Members of the Mental Health Tribunal
In the note at the foot of section 336 of the Mental Health and Wellbeing Act 2022, after "psychiatrist," insert "psychologist,".
8Senior Tribunal members and ordinary Tribunal members
After section 339(1)(b) of the Mental Health and Wellbeing Act 2022 insert—
"(ba)the psychologist members; and".
9New section 341A inserted
After section 341 of the Mental Health and Wellbeing Act 2022 insert—
"341A Psychologist members
A person is eligible for appointment as a psychologist member if the person—
(a)is a registered psychologist; and
(b)has experience in the field of intellectual disability; and
(c)has forensic experience.".
10Community members
(1)In section 343(a) of the Mental Health and Wellbeing Act 2022, after "illness" insert "or intellectual disability".
(2)At the end of section 343 of the Mental Health and Wellbeing Act 2022 insert—
"(2)A psychologist member may be appointed as a community member (if eligible) and hold both memberships simultaneously.
(3)A community member may be appointed as a psychologist member (if eligible) and hold both memberships simultaneously.".
11Section 352 substituted
For section 352 of the Mental Health and Wellbeing Act 2022 substitute—
"352 Functions of principal registrar
(1)The principal registrar has the functions conferred on the principal registrar by or under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.
(2)The principal registrar is subject to the direction of the President in performing the principal registrar's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.".
12Section 353 substituted
For section 353 of the Mental Health and Wellbeing Act 2022 substitute—
"353 Functions of registrars
(1)A registrar may exercise any of the powers and perform any of the functions of the principal registrar subject to—
(a)this Act, the regulations and the rules; and
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the regulations made under that Act.
(2)A registrar is subject to the direction of the principal registrar in performing the registrar's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.".
13Section 354 substituted
For section 354 of the Mental Health and Wellbeing Act 2022 substitute—
"354 Delegation by President and Deputy President
(1)The President, by instrument, may delegate to the Deputy President or to any legal member any of the President's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.
(2)The President, by instrument, may delegate to the principal registrar any of the President's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act—
other than the functions and powers of the President in relation to hearing and determining matters or applications referred to in section 332(1) or (2).
(3)The Deputy President, by instrument, may delegate to any legal member any of the Deputy President's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.
(4)The Deputy President, by instrument, may delegate to the principal registrar any of the Deputy President's functions under—
(a)this Act, the regulations or the rules; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act—
other than the functions and powers of the Deputy President in relation to hearing and determining matters or applications referred to in section 332(1) or (2).
Note
See section 42A(1)(aa) of the Interpretation of Legislation Act 1984 which provides that a power to delegate does not include the power to delegate that power of delegation.".
14Secrecy
For section 355(2) of the Mental Health and Wellbeing Act 2022 substitute—
"(2)A person to whom this section applies must not, directly or indirectly, make a record of, disclose or communicate to any person, any information relating to the affairs of a natural person—
(a)acquired in the performance of a function or duty or the exercise of a power under—
(i)this Act, the regulations or the rules; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act; and
(b)which may identify the person.
Penalty:60 penalty units.
(2A)A person to whom this section applies does not commit an offence against subsection (2) if the making of the record or the disclosure or communication is—
(a)necessary for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under—
(i)this Act, the regulations or the rules; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act; or
(b)necessary for the purposes of a criminal proceeding or to commence a proceeding under this Act; or
(c)consented to, in writing, by the person to whom the information relates, provided it—
(i)does not disclose a document that the Mental Health Tribunal has previously denied disclosure of under section 373; and
(ii)is in accordance with—
(A)this Act, the regulations and the rules; and
(B)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the regulations made under that Act; and
(C)any suppression order of a court or tribunal which applies to the information being recorded, disclosed or communicated.".
15Register of proceedings
(1)In section 356(1) of the Mental Health and Wellbeing Act 2022, for "kept" substitute "kept, maintained and, subject to this section, made available for inspection,".
(2)For section 356(2) of the Mental Health and Wellbeing Act 2022 substitute—
"(2)The Mental Health Tribunal may determine the form in which the register is made available for inspection.".
(3)After section 356(4) of the Mental Health and Wellbeing Act 2022 insert—
"(4A)A person may not inspect a part of the register or obtain an extract of the register that relates to a proceeding in the forensic division if—
(a)the person is not a party to the proceeding; or
(b)doing so is not permitted under any suppression order of a court or tribunal that applies to the information.".
16Divisions of the Mental Health Tribunal
(1)In section 358(1) of the Mental Health and Wellbeing Act 2022—
(a)in paragraph (b), for "division." substitute "division;";
(b)after paragraph (b) insert—
"(c)the forensic division.".
(2)In section 358(2) of the Mental Health and Wellbeing Act 2022—
(a)for "relating to—" substitute "that must be heard and determined by the special division or the forensic division.";
(b)paragraphs (a) and (b) are repealed.
(3)After section 358(3) of the Mental Health and Wellbeing Act 2022 insert—
"(4)The forensic division of the Mental Health Tribunal must hear and determine applications—
(a)under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 for—
(i)on-ground leave; and
(ii)limited off-ground leave; and
(iii)appeals in respect of special leave of absence; and
(b)under section 574 for a review of a direction to take a forensic patient to another designated mental health service under section 571 or 572.".
17Constitution of the Mental Health Tribunal
(1)In section 359(1) of the Mental Health and Wellbeing Act 2022, for "subsections (2) and (3)" substitute "subsections (2), (3) and (3A)".
(2)After section 359(3) of the Mental Health and Wellbeing Act 2022 insert—
"(3A)For the purposes of a proceeding in the forensic division of the Mental Health Tribunal, the Mental Health Tribunal is constituted by—
(a)a legal member; and
(b)either—
(i)a psychiatrist member with experience in the field of forensic mental health, if the proceeding relates to a forensic patient; or
(ii)a psychologist member, if the proceeding relates to a forensic resident; and
(c)a community member.".
(3)After section 359(4) of the Mental Health and Wellbeing Act 2022 insert—
"(5)A person who holds membership both as a psychologist member and a community member—
(a)sits as a psychologist member when assigned to the forensic division of the Mental Health Tribunal; and
(b)sits as a community member when assigned to the general division or the special division of the Mental Health Tribunal.".
18When can the Mental Health Tribunal be constituted by a single member?
In section 360(2) of the Mental Health and Wellbeing Act 2022, for "division or the special division" substitute "division, the special division or the forensic division".
19General procedure of the Mental Health Tribunal
(1)For section 362(1)(d) of the Mental Health and Wellbeing Act 2022 substitute—
"(d)must conduct each proceeding as expeditiously and with as little formality and technicality as permitted by—
(i)the requirements of—
(A)this Act, the regulations and the rules; and
(B)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the regulations made under that Act; and
(ii)a proper consideration of the matters before it.".
(2)For section 362(2) of the Mental Health and Wellbeing Act 2022 substitute—
"(2)The Mental Health Tribunal may regulate its own procedure subject to—
(a)this Act, the regulations and the rules; and
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 and the regulations made under that Act.".
20Who are the parties to a proceeding?
For section 363(b) and (c) of the Mental Health and Wellbeing Act 2022 substitute—
"(b)if the person who is the subject of the proceeding is a patient, the psychiatrist treating the person; and
(c)if the person who is the subject of the proceeding is a forensic resident, the DFFH Secretary; and".
21Appearance and representation at hearing
After section 365(4) of the Mental Health and Wellbeing Act 2022 insert—
"(5)If a person who is the subject of a proceeding in the forensic division does not appear before the Mental Health Tribunal, the Mental Health Tribunal must satisfy itself that the person has made the decision of their own free will.".
22Interpreters
(1)In section 366(2) of the Mental Health and Wellbeing Act 2022 omit "conducted under this Act".
(2)In section 366(3) of the Mental Health and Wellbeing Act 2022 omit "under this Act".
(3)After section 366(3) of the Mental Health and Wellbeing Act 2022 insert—
"(4)In this section—
hearing means a hearing conducted by the Mental Health Tribunal under—
(a)this Act; or
(b)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.".
23Form and content of applications to the Mental Health Tribunal
In section 367 of the Mental Health and Wellbeing Act 2022—
(a)after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997";
(b)in paragraph (b), for "specified in the rules; and" substitute "required—
(i)by the rules; or
(ii)under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ( if applicable to the application); and".
24Principal registrar may reject certain applications
(1)For section 368(1)(a) of the Mental Health and Wellbeing Act 2022 substitute—
"(a)is made by a person who is not entitled to make that application under—
(i)this Act; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or".
(2)For section 368(1)(c) of the Mental Health and Wellbeing Act 2022 substitute—
"(c)does not comply with requirements under—
(i)this Act, the regulations or the rules; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.".
25Review by President
(1)For section 369(4)(a) of the Mental Health and Wellbeing Act 2022 substitute—
"(a)is made by a person who is not entitled to make that application under—
(i)this Act; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or".
(2)For section 369(4)(c) of the Mental Health and Wellbeing Act 2022 substitute—
"(c)does not comply with requirements under—
(i)this Act, the regulations or the rules; or
(ii)the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or the regulations made under that Act.".
26Withdrawal of applications and striking out of proceeding
(1)In section 370(3) of the Mental Health and Wellbeing Act 2022, for "The Mental" substitute "Subject to subsection (3A), the Mental".
(2)After section 370(3) of the Mental Health and Wellbeing Act 2022 insert—
"(3A)If a person who is the subject of a proceeding in the forensic division does not appear before the Mental Health Tribunal, the Mental Health Tribunal must satisfy itself that the person has made the decision of their own free will before striking out the proceeding.".
27Section 371 amended
(1)In the heading to section 371 of the Mental Health and Wellbeing Act 2022, after "hearing" insert "in general or special division".
(2)In section 371(1) of the Mental Health and Wellbeing Act 2022, for "The Mental" substitute "For a proceeding in the general division or the special division, the Mental".
28New section 371A inserted
After section 371 of the Mental Health and Wellbeing Act 2022 insert—
"371A Notice of hearing in forensic division
(1)For a proceeding in the forensic division, the Mental Health Tribunal must list a matter for hearing and give written notice of that hearing as soon as practicable to all of the following—
(a)the applicant;
(b)any person nominated by the applicant when making the application;
(c)each other party to the proceeding.
(2)The notice must be given personally to the applicant unless the Mental Health Tribunal is satisfied that it is appropriate not to do so in the circumstances.
(3)The notice must specify all of the following—
(a)the date and time of the hearing;
(b)the place where the hearing will be held and the mode of hearing;
(c)the subject matter of the hearing;
(d)that a person who is a party to the proceeding has a right to appear at the hearing;
(e)that a person who is a party to the proceeding has a right to be represented at the hearing.
(4)A hearing, proceeding or determination of the Mental Health Tribunal, or an order of the Mental Health Tribunal, is not invalid or affected by reason only of a failure to give notice, in accordance with this section, to a person referred to in subsection (1)(b) or (c).".
29Access to documents
(1)For section 373(1)(a) and (b) of the Mental Health and Wellbeing Act 2022 substitute—
"(a)a psychiatrist who has applied to the Mental Health Tribunal for authorisation for the performance of electroconvulsive treatment;
(b)if the person is a patient, the authorised psychiatrist of the designated mental health service where the person is being treated;
(c)if the person is a forensic resident, the DFFH Secretary.".
(2)In section 373(2) of the Mental Health and Wellbeing Act 2022, for "An authorised" substitute "In relation to a proceeding in the general division or the special division, an authorised".
(3)In section 373(3) of the Mental Health and Wellbeing Act 2022—
(a)for "may—" substitute "may grant the application.";
(b)paragraphs (a), (b) and (c) are repealed.
(4)In section 373(4) of the Mental Health and Wellbeing Act 2022—
(a)for "may—" substitute "may refuse the application.";
(b)paragraphs (a) and (b) are repealed.
(5)After section 373(4) of the Mental Health and Wellbeing Act 2022 insert—
"(5)In relation to a proceeding in the forensic division, an authorised psychiatrist or the DFFH Secretary may apply to the Mental Health Tribunal for access to any documents referred to in subsection (1) to be denied to the person who is the subject of the proceeding if the authorised psychiatrist or the DFFH Secretary is of the opinion that the disclosure of information in such a document may—
(a)cause serious harm to the person or to another person; or
(b)involve the unreasonable disclosure of sensitive personal information of any person; or
(c)unreasonably breach the confidentiality of the person who supplied the information.
(6)The Mental Health Tribunal may grant an application under subsection (5) if the Mental Health Tribunal determines that the disclosure of the information may—
(a)cause serious harm to the person or to another person; or
(b)involve the unreasonable disclosure of sensitive personal information of any person; or
(c)unreasonably breach the confidentiality of the person who supplied the information.
(7)The Mental Health Tribunal may refuse an application under subsection (5) if the Mental Health Tribunal determines that the disclosure of the information will not—
(a)cause serious harm to the person or to another person; or
(b)involve the unreasonable disclosure of sensitive personal information of any person; or
(c)unreasonably breach the confidentiality of the person who supplied the information.
(8)If the Mental Health Tribunal grants an application under subsection (2) or (5), the Mental Health Tribunal may—
(a)deny the disclosure of the relevant document to the person who is the subject of the proceeding; and
(b)proceed with the hearing; and
(c)have regard to that document at the hearing.
(9)If the Mental Health Tribunal refuses an application under subsection (2) or (5), the Mental Health Tribunal may—
(a)order the authorised psychiatrist, the psychiatrist or the DFFH Secretary (as the case requires) to give the person who is the subject of the proceeding access to the relevant document; and
(b)adjourn the hearing to allow the person time to inspect the documents—
(i)if the proceeding is in the general division or the special division, for a period not exceeding 5 business days; or
(ii)if the proceeding is in the forensic division, under section 374A; and
(c)if the proceeding is in the general division or the special division, extend the duration of the relevant order for the period of the adjournment.".
30Section 374 amended
(1)In the heading to section 374 of the Mental Health and Wellbeing Act 2022, after "hearings" insert "in general or special division".
(2)In section 374(1) of the Mental Health and Wellbeing Act 2022, after "proceeding" insert "in the general division or the special division".
31New section 374A inserted
After section 374 of the Mental Health and Wellbeing Act 2022 insert—
"374A Adjournment of hearings in forensic division
The Mental Health Tribunal may, as it considers necessary and just in the circumstances, adjourn a hearing of a proceeding in the forensic division—
(a)to any time and place; and
(b)for any purpose.".
32Hearings to be closed to the public
(1)In section 375(2) of the Mental Health and Wellbeing Act 2022, for "that it is in the public interest." substitute "that—
(a)in the case of a proceeding in the general division or the special division, it is in the public interest; or
(b)in the case of a proceeding in the forensic division, it is in—
(i)the best interests of the applicant; or
(ii)the public interest.".
(2)In section 375(3) of the Mental Health and Wellbeing Act 2022, after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
(3)In section 375(4) of the Mental Health and Wellbeing Act 2022, after "subsection (3)" insert "for a proceeding in the general division or the special division".
(4)After section 375(4) of the Mental Health and Wellbeing Act 2022 insert—
"(5)The Mental Health Tribunal must refuse a request made under subsection (3) for a proceeding in the forensic division unless the Tribunal is satisfied that holding the hearing, or part of the hearing, in public would be in—
(a)the best interests of the applicant; or
(b)the public interest.".
33Determination of proceeding
(1)In section 377(2)(b) and (3) of the Mental Health and Wellbeing Act 2022, after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
(2)In section 377(4) of the Mental Health and Wellbeing Act 2022—
(a)after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997";
(b)after "section 371(1)" insert "or 371A(1)".
34Referral of question of law to Supreme Court
In section 379(4) of the Mental Health and Wellbeing Act 2022—
(a)after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
(b)in paragraph (b), before "extend" insert "if the proceeding is in the general division or the special division,".
35Validity of proceedings
(1)In section 382(2) of the Mental Health and Wellbeing Act 2022, after "this Act" insert "and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
(2)In section 382(3) of the Mental Health and Wellbeing Act 2022, after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
36Review by VCAT
(1)In section 383(1) of the Mental Health and Wellbeing Act 2022—
(a)for "A person" substitute "Subject to subsection (1A), a person";
(b)after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997".
(2)After section 383(1) of the Mental Health and Wellbeing Act 2022 insert—
"(1A)A determination by the Mental Health Tribunal to refuse an appeal of a decision made in respect of special leave of absence under section 50 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 may not be reviewed by VCAT.".
37Definitions for this Chapter
(1)In section 569(1) of the Mental Health and Wellbeing Act 2022, the definition of Forensic Leave Panel is repealed.
(2)In section 569(1) of the Mental Health and Wellbeing Act 2022, for paragraph (f) of the definition of forensic patient substitute—
"(f)an international forensic patient.".
38Section 574 amended
(1)In the heading to section 574 of the Mental Health and Wellbeing Act 2022, for "Forensic Leave Panel" substitute "Mental Health Tribunal".
(2)In section 574 of the Mental Health and Wellbeing Act 2022—
(a)for "Forensic Leave Panel" (wherever occurring) substitute "Mental Health Tribunal";
(b)for "the Panel" (wherever occurring) substitute "the Tribunal".
(3)Section 574(8) of the Mental Health and Wellbeing Act 2022 and the note at the foot of that subsection are repealed.
39Information from electronic health information system
Section 728(2)(f) of the Mental Health and Wellbeing Act 2022 is repealed.
40Permitted disclosure of health information without consent of person
In section 730(2)(l) of the Mental Health and Wellbeing Act 2022, for "Tribunal, VCAT or the Forensic Leave Panel" substitute "Tribunal or VCAT".
41New Part 18.3 inserted
After Part 18.2 of the Mental Health and Wellbeing Act 2022 insert—
"PART 18.3—SAVINGS AND TRANSITIONAL PROVISIONS—MENTAL HEALTH LEGISLATION AMENDMENT ACT 2025
784Definitions
In this Part—
commencement day means the day on which Part 2 of the Mental Health Legislation Amendment Act 2025 comes into operation;
Forensic Leave Panel means the Forensic Leave Panel established by section 59 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
785Application to Forensic Leave Panel
If, on the commencement day, an application to the Forensic Leave Panel under section 574 for a review of a direction under section 571 or 572 made before the commencement day has not been heard or has been part heard, the application—
(a)may be withdrawn in accordance with section 370 as if it were an application made to the Mental Health Tribunal; or
(b)if it is not withdrawn, must be heard and determined by the Mental Health Tribunal under its procedures as soon as is practicable.
786Annual report
In its annual report under section 357 for the first financial year ending after the commencement day, the Mental Health Tribunal must include any information that the Forensic Leave Panel would be required to include in its report under section 63(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, as in force immediately before the commencement day, relating to the period commencing immediately after the last report of the Forensic Leave Panel under section 63 of that Act and ending immediately before the commencement day.
787Members of Forensic Leave Panel
(1)A person who, immediately before the commencement day, is a member of the Forensic Leave Panel is, on and after that day, taken to be an ordinary member of the Mental Health Tribunal.
(2)Subsection (1) does not apply to a person who, immediately before the commencement day, is—
(a)a judicial member of the Forensic Leave Panel; or
(b)the chief psychiatrist, or a nominee of the chief psychiatrist; or
(c)already a member of the Mental Health Tribunal.
(3)For the purposes of subsection (1)—
(a)a member of the Forensic Leave Panel who is a psychiatrist is taken to be a psychiatrist member of the Mental Health Tribunal; and
(b)a member of the Forensic Leave Panel who is a registered psychologist is taken to be both a psychologist member and community member of the Mental Health Tribunal; and
(c)any other member of the Forensic Leave Panel is taken to be a community member of the Mental Health Tribunal.
(4)The membership of a person who is a member of the Mental Health Tribunal by operation of this section remains in force until the later of—
(a)the expiry of the term of their appointment; or
(b)9 June 2028—
unless the person resigns or is removed from office before that time.".
Division 2—Information sharing
42Electronic health information system
(1)In section 727(2)(a) of the Mental Health and Wellbeing Act 2022 omit "designated mental health service or prescribed".
(2)After section 727(2)(a) of the Mental Health and Wellbeing Act 2022 insert—
"(ab)to store information that is received under section 134ZO(1A) of the Health Services Act 1988; and".
(3)In section 727(4) of the Mental Health and Wellbeing Act 2022—
(a)in paragraphs (b) and (c) omit "designated mental health service or prescribed";
(b)in paragraph (e), for "; and" (wherever occurring) substitute ";";
(c)after paragraph (e)(iv) insert—
"(v)to comply with—
(A)a requirement served under section 42(2)(c) of the Coroners Act 2008; or
(B)a summons under section 55(2)(a) of the Coroners Act 2008; and".
(4)After section 727(4) of the Mental Health and Wellbeing Act 2022 insert—
"(4A)For the purposes of subsection (4)(b), the Health Secretary may require a mental health and wellbeing service provider to provide information irrespective of whether the provider collected the information before, on or after the commencement of this subsection.
(5)In addition, the Health Secretary may access and disclose information stored in the electronic health information system for it to be stored in the Electronic Patient Health Information Sharing System established under section 134ZF of the Health Services Act 1988, for use in accordance with that Act.".
43Information from electronic health information system
(1)For section 728(1) of the Mental Health and Wellbeing Act 2022 substitute—
"(1)A person or body referred to in subsection (2) or a person employed or engaged by a person or body referred to in subsection (2) may enter a person's health information into the electronic health information system.".
(2)In section 728(2) of the Mental Health and Wellbeing Act 2022—
(a)in paragraph (b), for "an emergency service provider referred to in subsection (1)—" substitute "a prescribed emergency service provider—";
(b)in paragraph (d), after "this Act" insert "or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997";
(c)in paragraph (g), for "provider." substitute "provider for the purposes of performing its role under section 44(1); or";
(d)after paragraph (g) insert—
"(h)a prescribed person, or a member of a prescribed class of person, for purposes and in circumstances prescribed by the regulations.".
44Disclosure of health information with consent of person
After section 729(4) of the Mental Health and Wellbeing Act 2022 insert—
"(5)In this section, a reference to a person's health information includes a reference to the person's health information held in the electronic health information system.".
45Permitted disclosure of health information without consent of person
(1)After section 730(2)(a) of the Mental Health and Wellbeing Act 2022 insert—
"(ab)the disclosure is reasonably necessary for the entity to perform functions or exercise powers under this Act; or".
(2)After section 730(2) of the Mental Health and Wellbeing Act 2022 insert—
"(3)In this section, a reference to a person's health information includes a reference to the person's health information held in the electronic health information system.".
46Offence to use or disclose electronic health information system information without authorisation
In section 735 of the Mental Health and Wellbeing Act 2022, after "under this Act" insert "or the regulations".
47Offence to use electronic health information system in a manner unauthorised
In section 736 of the Mental Health and Wellbeing Act 2022, after "under this Act" insert "or the regulations".
48Service of documents
In section 752(a) of the Mental Health and Wellbeing Act 2022—
(a)in subparagraph (iii), for "and" substitute "or";
(b)after subparagraph (iii) insert—
"(iv)sent by electronic communication to the person on an electronic system accessible by the person; and".
49Regulations
After section 759(1)(e) of the Mental Health and Wellbeing Act 2022 insert—
"(ea)prescribing purposes and circumstances for the purposes of section 728(2)(h);".
Division 3—Other matters
50Definitions
In section 3(1) of the Mental Health and Wellbeing Act 2022—
(a)in the definition of investigation hearing, for "section 490(2)" substitute "section 490(3)";
(b)in the definition of party, for "Part 9.2" substitute "Parts 9.2 and 9.4".
51Restriction on right to communicate to be monitored regularly
(1)In section 56(1) of the Mental Health and Wellbeing Act 2022—
(a)for "An authorised psychiatrist who makes a" substitute "A";
(b)for "review that direction" substitute "be reviewed, by any authorised psychiatrist employed or engaged by the designated mental health service at which the patient is being treated,".
(2)In section 56(2) of the Mental Health and Wellbeing Act 2022, for "If the" substitute "If an".
52Powers of a psychiatrist giving a second psychiatric opinion
In section 70(d)(iii)(A) of the Mental Health and Wellbeing Act 2022, for "of" substitute "and preferences of the eligible patient expressed by".
53Review by chief psychiatrist
In section 76(4)(c) of the Mental Health and Wellbeing Act 2022, for "of" substitute "and preferences of the eligible patient expressed by".
54Heading to section 84 amended
In the heading to section 84 of the Mental Health and Wellbeing Act 2022, for "Chief psychiatrist may prepare guidelines in relation to" substitute "Consideration of, and guidelines for,".
55When a patient does not have capacity to give informed consent or does not give informed consent to treatment
In section 89(4)(d) of the Mental Health and Wellbeing Act 2022, for "of" substitute "and preferences of the patient expressed by".
56Matters authorised psychiatrist must consider in consenting to medical treatment for a patient
In section 93(2)(d) of the Mental Health and Wellbeing Act 2022, for "of" substitute "and preferences of the patient expressed by".
57Matters to be considered if authorising restrictive intervention
In section 131(2)(b) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "person's views and preferences expressed by".
58Notification to, and initial examination by, authorised psychiatrist
In section 134(2) of the Mental Health and Wellbeing Act 2022, for "a notification under section 132(6) has been made" substitute "the authorised psychiatrist has been notified under section 132(6)".
59Facilities and supplies to be provided to person subject to restrictive intervention
In section 136(3)(b) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "person's views and preferences expressed by".
60Treatment patient—application for another treatment order
In section 190(1) of the Mental Health and Wellbeing Act 2022—
(a)for "if the authorised psychiatrist" substitute "if the treatment patient";
(b)in paragraph (a), for "examined the treatment patient" substitute "been examined by any authorised psychiatrist employed or engaged by the designated mental health service at which the patient is being treated";
(c)in paragraph (b), before "is satisfied" insert "the authorised psychiatrist who conducted the examination".
61Register of proceedings
After section 356(5) of the Mental Health and Wellbeing Act 2022 insert—
"(6)The Mental Health Tribunal may deny a person from inspecting a part of the register or obtaining an extract of the register if the person's access to that information has been denied under section 373.".
62When can the Mental Health Tribunal be constituted by a single member?
After section 360(2) of the Mental Health and Wellbeing Act 2022 insert—
"(2A)Subsection (1) applies whether or not the President has selected 3 Tribunal members for the purposes of a proceeding under section 359.".
63Notice of hearing
Section 371(1)(h) of the Mental Health and Wellbeing Act 2022 is repealed.
64Grounds for not dealing with a complaint
In section 447(1)(f) of the Mental Health and Wellbeing Act 2022, for "section 440(2)(a)" substitute "section 440(2)".
65Decision on how the Mental Health and Wellbeing Commission will deal with a complaint
In section 451(3)(c) of the Mental Health and Wellbeing Act 2022, for "section 433" substitute "section 432".
66Non-disclosure of information—investigations and complaint data reviews
In section 517(4) of the Mental Health and Wellbeing Act 2022—
(a)for "Wellbeing Commissioner" substitute "Wellbeing Commissioner, a person employed under section 418(1) or a person engaged under section 418(2)";
(b)after "the Commissioner" insert "or person".
67Non-disclosure of information—complaint resolution processes
In section 518(2)(a) and (g) of the Mental Health and Wellbeing Act 2022, after "the Commissioner" insert "or person".
68Non-disclosure of information given in conciliation
In section 519(4) of the Mental Health and Wellbeing Act 2022—
(a)for "a Commissioner" substitute "a Commissioner, a person employed under section 418(1) or a person engaged under section 418(2)";
(b)after "the Commissioner" insert "or person".
69Grant of leave of absence
In section 545(5)(c) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "security patient's views and preferences expressed by".
70Matters to take into account for monitored leave
In section 551(a)(iii) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "security patient's views and preferences expressed by".
71Authorised psychiatrist may direct security patient to be transported to another designated mental health service
In section 555(2)(c) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "security patient's views and preferences expressed by".
72Authorised psychiatrist may direct forensic patient be transported to another designated mental health service
In section 571(3)(c) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "forensic patient's views and preferences expressed by".
73Examination before application for an intensive monitored supervision order
In section 579(4)(c) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "patient's views and preferences expressed by".
74Mental Health Tribunal powers in respect of applications under this Chapter
In section 582(5)(c) of the Mental Health and Wellbeing Act 2022, for "views of" substitute "patient's views and preferences expressed by".
75Terms and conditions of appointment of directors
For section 620(3) of the Mental Health and Wellbeing Act 2022 substitute—
"(3)Subject to subsection (3A), a director is not eligible for reappointment if the aggregated tenure of the director's initial appointment term, served reappointment terms and the proposed reappointment term exceeds 9 consecutive years.
(3A)Despite subsection (3), a director may be eligible for reappointment if the Minister is satisfied that exceptional circumstances exist which justify the reappointment.".
PART 3—AMENDMENT OF CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997
76Definitions
In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)the definitions of judicial member, Panel and President are repealed;
(b)insert the following definitions—
"DFFH Secretary means the Secretary to the Department of Families, Fairness and Housing;
international forensic patient means a person who—
(a)is not subject to a secure treatment order; and
(b)is detained in a designated mental health service while serving a sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth;
Mental Health Tribunal means the Mental Health Tribunal established by section 330 of the Mental Health and Wellbeing Act 2022;";
(c)after paragraph (b) of the definition of forensic patient insert—
"(c)a person referred to in paragraph (a), (ab), (ac), (ad) or (b) who is—
(i)absent on leave from a designated mental health service under Part 7; or
(ii)absent from a designated mental health service without leave;";
(d)for paragraph (e) of the definition of forensic resident substitute—
"(e)transferred from a prison to a residential treatment facility under section 180 of the Disability Act 2006; or
(f)referred to in paragraph (a), (b), (c), (d) or (e) and is—
(i)absent on leave from a residential treatment facility under Part 7; or
(ii)absent from a residential treatment facility without leave;".
77Special leave
(1)In section 50(2)(b) and (3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
(2)In section 50(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary";
(b)for "appeal to the Panel" substitute "apply to the Mental Health Tribunal for a review of the refusal".
(3)After section 50(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—
"(4A)The Mental Health Tribunal must hear and determine an application under subsection (4) as soon as practicable after it is made.".
(4)In section 50(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "appeal, the Panel" substitute "application under subsection (4), the Mental Health Tribunal";
(b)in paragraph (a), for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
(5)In section 50(6)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Secretary to the Department of Health and Human Services or the Panel" substitute "DFFH Secretary or the Mental Health Tribunal".
78Granting of on-ground or limited off-ground leave
(1)In section 54(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Panel" substitute "Mental Health Tribunal";
(b)in paragraph (b), for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
(2)After section 54(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—
"(1A)The Mental Health Tribunal must hear and determine an application under subsection (1) as soon as practicable after it is made.".
(3)In section 54(2), (3) and (4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Panel" substitute "Mental Health Tribunal".
(4)In section 54(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Panel" substitute "Mental Health Tribunal";
(b)for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
79Applicant profile
In section 54A(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Panel" substitute "Mental Health Tribunal";
(b)in paragraph (c), for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
80Leave plan or statement
(1)In section 54B(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Panel" substitute "Mental Health Tribunal";
(b)in paragraph (c), for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary".
(2)In section 54B(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)in paragraph (c), for "Secretary" substitute "DFFH Secretary";
(b)in paragraph (d), for "Panel" substitute "Mental Health Tribunal".
(3)In section 54B(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Secretary" (where first occurring) substitute "DFFH Secretary";
(b)for "Panel" (where first occurring) substitute "Mental Health Tribunal";
(c)in paragraph (b), for "Secretary" substitute "DFFH Secretary";
(d)in paragraph (c), for "Panel" substitute "Mental Health Tribunal".
81Suspension of special leave, on-ground leave or limited off-ground leave
(1)In section 55(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Secretary to the Department of Health and Human Services" substitute "DFFH Secretary";
(b)for "or Secretary" substitute "or DFFH Secretary".
(2)In section 55(2) and (3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Secretary" substitute "DFFH Secretary".
(3)In section 55(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—
(a)for "Secretary" (where twice occurring) substitute "DFFH Secretary";
(b)for "he or she" substitute "the DFFH Secretary".
82Divisions 2 and 3 of Part 7 repealed
Divisions 2 and 3 of Part 7 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are repealed.
83Section 73O repealed
Section 73O of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed.
84Schedules 1 and 2 repealed
Schedules 1 and 2 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are repealed.
85Inadmissibility of evidence in other proceedings
In section 76(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in paragraph (d) of the definition of hearing, for "Panel" substitute "Mental Health Tribunal".
86New section 92 inserted
At the end of Part 10 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—
"92 Transitional provision—Mental Health Legislation Amendment Act 2025
(1)On the commencement day—
(a)the Forensic Leave Panel is abolished; and
(b)the following members of the Forensic Leave Panel go out of office as member—
(i)a person who, immediately before that day, is a judicial member of the Forensic Leave Panel;
(ii)a person who, immediately before that day, is the chief psychiatrist or a nominee of the chief psychiatrist.
(2)If, on the commencement day, an appeal to the Forensic Leave Panel under section 50(4) against the refusal to grant special leave of absence made before that day has not been heard or has been part heard, the appeal—
(a)may be withdrawn in accordance with section 370 of the Mental Health and Wellbeing Act 2022 as if it were an application made under that Act; or
(b)if it is not withdrawn, must be heard and determined as soon as is practicable by the Mental Health Tribunal as an application for a review of the decision under its procedures.
(3)A direction that a forensic patient or forensic resident be allowed special leave of absence given by the Forensic Leave Panel under section 50(5) before the commencement day is taken, on and after that day, to have been a direction given by the Mental Health Tribunal that the forensic patient or forensic resident be granted special leave of absence, and that direction must be complied with by the authorised psychiatrist or the DFFH Secretary (as the case may be).
(4)If, on the commencement day, an application to the Forensic Leave Panel under section 54(1) for on-ground leave or limited off-ground leave made before that day has not been heard or has been part heard, the application—
(a)may be withdrawn in accordance with section 370 of the Mental Health and Wellbeing Act 2022 as if it were an application made under that Act; or
(b)if it is not withdrawn, must be heard and determined as soon as is practicable by the Mental Health Tribunal under its procedures.
(5)Any on-ground leave or limited off-ground leave, or variation of that leave, granted by the Forensic Leave Panel under section 54 before the commencement day is taken, on and after that day, to have been granted by the Mental Health Tribunal and, if the leave has not expired, continues on the terms and subject to any conditions on which it was granted.
(6)If on-ground leave or limited off-ground leave is granted by the Forensic Leave Panel before the commencement day, on and after that day, notice under section 55 of the suspension of that leave, or the lifting of the suspension of that leave, must be given to the Mental Health Tribunal.
(7)Despite its repeal by the Mental Health Legislation Amendment Act 2025, section 62 as in force immediately before its repeal continues to apply to a person who—
(a)has at any time been a member or acting member of the Forensic Leave Panel; or
(b)has been present at any proceeding of the Forensic Leave Panel.
(8)In this section—
commencement day means the day on which Part 3 of the Mental Health Legislation Amendment Act 2025 comes into operation.".
PART 4—AMENDMENT OF FREEDOM OF INFORMATION ACT 1982
87Definitions
In section 5(1) of the Freedom of Information Act 1982 insert the following definition—
"Mental Health Tribunal means the Mental Health Tribunal established by the Mental Health and Wellbeing Act 2022;".
88New Division 3A of Part VII inserted
After Division 3 of Part VII of the Freedom of Information Act 1982 insert—
"Division 3A—Act does not apply to certain documents held by the Mental Health Tribunal
65ACCertain documents held by the Mental Health Tribunal
This Act does not apply to a document held by the Mental Health Tribunal that relates to the exercise of a quasi-judicial function of the forensic division of the Tribunal.".
PART 5—AMENDMENT OF HEALTH SERVICES ACT 1988
89Electronic Patient Health Information Sharing System
In section 134ZF(1) of the Health Services Act 1988—
(a)in paragraph (b), for "person." substitute "person; and";
(b)after paragraph (b) insert—
"(c)storing information that is received under section 727(5) of the Mental Health and Wellbeing Act 2022; and
(d)disclosing that information to participating health services for use in accordance with section 134ZM(2) .".
90Access to, use and disclosure of information held in Electronic Patient Health Information Sharing System for provision of medical treatment
At the end of section 134ZM of the Health Services Act 1988 insert—
"(2)A person employed or engaged by a participating health service and who is authorised by that health service may access the Electronic Patient Health Information Sharing System and use and disclose information that is received under section 727(5) of the Mental Health and Wellbeing Act 2022 for the purposes of providing integrated care to a person receiving medical treatment.".
91Secretary authorised to access Electronic Patient Health Information Sharing System and use and disclose specified patient health information
After section 134ZO(1) of the Health Services Act 1988 insert—
"(1A)In addition, the Secretary may access and disclose specified patient health information contained in the Electronic Patient Health Information Sharing System for it to be stored in the electronic health information system established under section 727(1) of the Mental Health and Wellbeing Act 2022, for use in accordance with that Act.".
PART 6—REPEAL OF THIS ACT
92Repeal of this Act
This Act is repealed on 1 September 2027.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 September 2025
Legislative Council: 16 October 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the MentalHealth and Wellbeing Act 2022 in relation to the Mental Health Tribunal, information sharing and other matters, to amend the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to abolish the Forensic Leave Panel and to provide for the functions and powers of the Mental Health Tribunal under that Act, to amend the Freedom of Information Act 1982 in relation to the Mental Health Tribunal, to amend the Health Services Act 1988 in relation to information sharing and for other purposes."
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