Mental Health and Wellbeing Act 2022
The Mental Health and Wellbeing Act 2022 (the Act) came into effect on Friday 1 September 2023, replacing the Mental Health Act 2014.
The Act is a key recommendation of the Royal Commission into Victoria’s Mental Health System, and supports the changes we’ve made as a newly designated Mental Health Service.
All information on the Mental Health and Wellbeing Act 2022 can be found on the Department’s website, and via this fact sheet.
Other useful links:
- The Mental Health and Wellbeing Act 2022 handbook, which provides guidance to the Act
- New statements of rights (for use from 1 September)
- A detailed comparison of key provisions in the Mental Health and Wellbeing Act 2022 and the Mental Health Act 2014
Mental Health and Wellbeing 2022 Handbook Mental Health and Wellbeing Act 2022 Handbook | health.vic.gov.au
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Act Training Sessions and WeLearn Modules - Western Health
Nominated Support Person Super Session – Tuesday 12 December
Advance Statement of Preference Super Session – Tuesday 5 December
Statement of Rights Super Session – Tuesday 16 January
WeLearn:
The Mental Health and Wellbeing Act 2022 eLearning platform has been released under the guidance of Western Health LMS and the commitment of the Department of Health, MHWA Sector Implementation Team.
The Mental Health & Wellbeing Act Training Modules are available on WeLearn – staff need to complete this as soon as possible.
Recordings of the Mental Health Act 2022 meeting, August 10 2023:
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CTO Update - Office of the Chief Psychiatrist (Thursday 2 November 2023)
The following update was received from the Clinical Manager, Office of the Chief Psychiatrist on Thursday 2 November regarding the ongoing discussion of CTO variations of clients of other designated mental health services, making of AO’s when a CTO is in place and emergency services transportation without legal paperwork.
Can the authorised psychiatrist or delegate from another service vary another services CTO to ITO based on the assessment of a mental health clinician who is with the patient at the time?
Yes, any authorised psychiatrist (or their delegate) can vary a temporary treatment order or treatment order.
In practice, if an Authorised Psychiatrist (or delegate) at a service other than the designated mental health service responsible for a patient’s treatment (as listed on the order) is considering varying the order, it is expected that they would discuss this with the Authorised Psychiatrist at the responsible service. If the order is varied, responsibility for the person’s treatment will continue to sit with the designated mental health service listed on the original order. If the Authorised Psychiatrist from the responsible designated mental health service (as listed on the original order) and the Authorised Psychiatrist from the other service agree, responsibility for the patient’s treatment can be transferred to the other designated mental health service. This can be done by the Authorised Psychiatrist from the responsible designated mental health service (as listed on the original order) completing the MHWA 123 form. In making this decision, , the Authorised Psychiatrist must be satisfied the transfer is necessary for the patient’s assessment and treatment and must have regard to the patient’s views and preferences (including those expressed by their nominated support person) as well as the views of their carer, guardian or parent (if they are under 16 years) or the Secretary to DFFH, if that Secretary has parental responsibility for the patient.
Confirm an AO cannot be made whilst the patient is subject to a CTO
An assessment order should not be made while a patient is already subject to a community treatment order.
Confirm Ambulance and police can transport a person to a designated service without the hard copy of the variation order.
There is no requirement under the Act for a copy of the order to be provided to authorised persons, including police and ambulance paramedics, in order for them to provide transport under the Act. However, police and ambulance officers need to have certainty that they can exercise powers under the Act and have record keeping requirements to enable them to demonstrate why they have acted in specific circumstances if required. For that reason, an authorised person should be provided with a copy of the variation of the order wherever possible.
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Additional Resources
Department of Health Mental Health and Wellbeing Act Briefing Session
Briefing session to support the implementation for the medical workforce – held on 28 August 2023
- MH Act Training – Medical Workforce presentation slides
- Video link https://vimeo.com/858847322/a261f1445a?share=copy
Mental Health and Wellbeing Sector Forums and Summary Reports:
Mental health and wellbeing sector forums | health.vic.gov.au
Mental Health and Wellbeing Commission establishment update:
The new Mental Health and Wellbeing Commission (MHWC) was established under the Mental Health and Wellbeing Act 2022 on 1 September 2023.
Individuals wishing to submit a complaint should do so via the MHWC website
Any complaints previously lodged with the MHCC have been automatically carried over to the MHWC.
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Advance statements of preferences C
Comparison of key provisions in the Mental Health and Wellbeing Act 2022 and the Mental Health Act 2014 F
Fact Sheet Forms I
Information Sharing IMHA Information Sheet IMHA Poster Opt Out N
Nominated Support Persons O
Opt Out Non-Legal Advocacy Service (IMHA) Opt Out Flowchart Office of the Chief Psychiatrist Guidelines (Mental Health and Wellbeing Act 2022) S
Statement of Rights (for use from 1 September) T
Transport of Mental Health Patients Fact Sheet