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Department of Human Services Changes to the Mental Health Act: Background and perspectives John Hickey, Project Officer Legal and Forensic Policy Team Mental Health Branch
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Background to the amendments The result of the following influences: –Supreme and coroner’s court decisions –Responses to the CTO discussion paper –Consumer and carer feedback –Improving the operation of the Act The Mental Health (Amendment) Act 2003 –Implementation date: 6 th December 2004
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Admission process The Act removes the requirement for admission and detention from the involuntary treatment criteria in section 8 The criteria will now focus on the need for involuntary treatment – not where that treatment is to be provided Involuntary Treatment Order
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Treatment Plans -Section 19A Every patient under the Mental Health Act 1986 must have a treatment plan. The purposes of treatment plans are: –To improve communication between the treatment team and the patient –To provide a clear statement about treatment and expectations Consistent with existing treating practice
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Monitoring and Review Mental Health Branch will monitor the implementation over the next 12 months: –Admission processes –Treatment plans
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Further Information www.health.vic.gov.au/mentalhealth
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