Vic Mental Health and Wellbeing Bill Passes Legislative Council with Amendments
Monday 22 August 2022 @ 11.58 a.m. | Legal Research
On 21 June 2022, the Mental Health and Wellbeing Bill 2022 (Vic) ('the Bill') was introduced to the Victorian Legislative Assembly by Minister for Mental Health James Merlino ('the Minister'). The Bill has since passed the lower house, and most recently passed the upper house with amendments on 18 August 2022. The amendments are yet to be agreed upon by the lower house.
The Bill follows the final report of the Royal Commission into Victoria's Mental Health System ('the Royal Commission') published in March 2021. The report set out a 10-year plan for reform including the delivery of new legislation in 2022.
The Bill seeks to give effect effect to the Royal Commission's recommendation for a new Mental Health and Wellbeing Act, which aims to promote good mental health and wellbeing, by resetting the legislative foundation underpinning the mental health and wellbeing system. To this effect, the Bill seeks to repeal and replace the Mental Health Act 2014 (Vic) ('the 2014 Act').
The Royal Commission was discussed in greater detail in an earlier TimeBase article.
Scope of the Proposed New Law
The Bill aims to have a broader scope than the 2014 Act.
The Bill seeks to bring into its scope a wider range of mental health and wellbeing services in comparison to the 2014 Act. For example, in regards to custodial settings, the Bill seeks to additionally provide Chief Psychiatrist oversight of clinical mental health services.
The Bill also seeks to respond to the Royal Commission's call for greater diversity of service delivery.
The Bill proposes the establishment of several new entities, including:
- a new Mental Health and Wellbeing Commission ('the Commission');
- regional mental health and wellbeing boards;
- regional and state wide multiagency panels; and
- the Chief Officer for Mental Health and Wellbeing.
In particular, the proposed Commission was described by the Minister as:
"an independent statutory body reporting directly to Parliament and comprising a chair commissioner and three commissioners to be appointed by Governor in Council... The commission will incorporate the existing complaints function of the Mental Health Complaints Commissioner and have a suite of broader powers, including an ‘own motion’ investigation power... The commission will be empowered to hold government to account for the performance, quality and safety of the mental health and wellbeing system; ... The commission will also report on non-compliance with the act and report to the secretary any matters arising in relation to a mental health and wellbeing service that pose a serious risk of harm to a person or community."
Emergency Responses
The Explanatory Memorandum also notes that the Bill's emergency responses to people experiencing mental health crises in the community, proposed by the Bill, follows the Royal Commission recommendation that:
The Bill also follows the Royal Commission's recommendation for an increased range of options for mental health crisis responses. To this effect, the Bill proposes the addition of 24 hour advice lines, outreach led crisis and respite centres in order to increase availability of services.
Limits on Personal Liability for Certain Decision-makers
The Bill also proposes limitations on the personal liability of certain persons making decisions or performing functions under the new law, including people acting under the new legislation.
The Bill also seeks to clarify the ways in which information relating to mental health and wellbeing can be collected and used. The focus aims to be on consent based information sharing, with exceptions to support integrated service delivery or to avoid threats to safety.
The Bill also contains proposed provisions which clarify the circumstances when information can, and should be, shared with families, carers and supporters.
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Sources:
Mental Health and Wellbeing Bill 2022 (Vic), second reading speech, and explanatory materials as available from TimeBase's LawOne Service
