The Law Handbook 2024

818 NOTE The law in this chapter is current as at 1 September 2023 and derived in part from materials available on the Victorian Department of Health website. Introduction Mental illness For the purposes of the Mental Health and Wellbeing Act 2022 (Vic) (‘ MHWA ’), ‘mental illness’ is defined as ‘a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory’ (s 4(1)). Under the MHWA a person is not considered to have mental illness by reason only of one or more of the following: • expressing, refusing or failing to express a particular political or religious opinion or belief or a particular philosophy; • expressing, refusing or failing to express a particular sexual preference, gender identity or sexual orientation; • engaging, refusing or failing to engage in a particular political or religious activity; • engaging in a certain pattern of sexual behaviour; • engaging in conduct that is contrary to community standards of acceptable conduct, or antisocial behaviour; • being intellectually disabled; • using drugs or consuming alcohol, although the serious temporary or permanent physiological, biochemical or psychological effects of their use may be regarded as an indication the person has mental illness; • having a particular economic or social status or belonging to a particular cultural or racial group; • being involved in, or having been involved in, family conflict; • experiencing or having experienced psychological distress; and • having previously been diagnosed with or treated for mental illness. NOTE Treatment and detention of people with intellectual disabilities is covered by the Disability Act 2006 (Vic), not by mental health legislation. Consumer, patient, inpatient, person? A consumer of mental health and wellbeing services is a person who receives services on a voluntary basis. A patient, for the purpose of the MHWA, is a person who is subject to compulsory mental health treatment. An inpatient is a person who is subject to compulsory mental health treatment in a hospital setting. These terms are used interchangeably in this chapter. Mental health and wellbeing services, providers and professionals A mental health and wellbeing service is a service performed for the primary purpose of: • improving or supporting a person’s mental health and wellbeing; or • assessing, or providing treatment, care or support to a person for mental illness or psychological distress; or • providing care and support to a person who is a family member, carer or supporter of a person with mental illness or psychological distress (s 3). A mental health and wellbeing service provider means an entity (other than an individual) that: • receives funding directly from the Victorian State government for the primary purpose of providing mental health and wellbeing services; 8.4 Mental illness Contributor: Kate Windmill, Director of Legal Practice, Mental Health Legal Centre