1. A new Mental Health Act for Victoria Summary of proposed reforms Pier De Carlo Project Director Mental Health Act Implementation

2. Welcome and outline of session Consistent with and reinforces mental health reforms Outline of key policy directions for new mental health legislation Update on development of new mental health legislation

3. Mental Health Reforms Government’s objectives: Improved consumer and carer experience Recovery oriented evidence based practice Focus on vulnerable, particularly families & children Integration with health and welfare services Strengthen community based care Highly skilled specialist MH work force Increased accountability and transparency

4. Why do we need new mental health legislation? The Mental Health Act 1986: oldest mental health legislation in Australia does not reflect current mental health policy or contemporary best practice unlikely to be compatible with: –Charter of Human Rights and Responsibilities Act 2006 –Convention on the Rights of Persons with Disabilities –Convention on the Rights of the Child

5. Key policy directions for legislation New legislative framework for compulsory assessment and treatment Promote recovery-oriented practice Introduce new safeguards and strengthen existing safeguards Promote and enhance service improvement in public mental health services

6. New legislative framework for compulsory assessment and treatment Promote voluntary treatment in preference to compulsory treatment Establish new compulsory treatment orders Orders of fixed duration New criteria for compulsory treatment

7. New legislative framework for compulsory assessment and treatment Mental Health Tribunal will: make treatment orders decide the category of the order (either inpatient or community) decide the duration of the order (up to six months for inpatient category or up to 12 months for a community category)

8. Recovery-oriented practice Recovery-oriented practice is based on self determination and enabling people with mental illness to achieve a meaningful and satisfying life. Builds on the strengths of the individual working together with the treatment team. Supported decision making is central to this reform

9. Supported decision making Presumption of capacity- foundation of supported decision making Second opinions- support self determination and must be considered Advocates- information, advice and support

10. Supported decision making Nominated persons- support and shared information Advance Statements- greater control over treatment Carers and families- important role acknowledged by legislation

11. Oversight and service improvement Mental Health Complaints Commissioner dedicated specialist complaints body Chief Psychiatrist clinical leadership and support Mental Health Quality Assurance Committee monitor standards and continuous improvement

12. Oversight and Service Improvement Community Visitors- continue monitoring public mental health services Codes of Practice- guidance about the application of the law Disclosure of health information- clarify when and why

13. Safeguards Electroconvulsive therapy (ECT) for compulsory patients and any person under 18 years must be approved by the Mental Health Tribunal Restrictive interventions will be subject to improved safety and accountability: –includes bodily restraint (mechanical and physical) and seclusion –must be last resort

14. Next Steps

15. Next steps Mental Health Act implementation team: –Legislation development, parliamentary process and establish legal bodies –Service development and change management Consultation with stakeholders

16. More information Mental Health Act Reform webpage: www.health.vic.gov.au/mentalhealth/mhactre form Enquiry Line: 1300 656 692 Email: mhactreform@health.vic.gov.aumhactreform@health.vic.gov.au