The Law Handbook 2024

Chapter 8.4: Mental illness 819 or from another entity that received funding from the Victorian State Government for the primary purpose of providing mental health and wellbeing services and passes on a portion of that funding for a purpose consistent with its arrangement or agreement with the State; and • employs or engages a mental health and wellbeing professional in connection with providing the mental health and wellbeing services (s 3). This includes a range of service providers such as area mental health services, statewide and specialist mental health services, mental health and wellbeing locals, and mental health community support services. A mental health and wellbeing professional means a person who performs duties in connection with the provision of mental health and wellbeing services and who is: • a registered medical practitioner; or a registered psychologist; or a registered nurse or enrolled nurse; or a registered paramedic; or • a registered occupational therapist; or a social worker of a prescribed class; or a counsellor of a prescribed class; or • a person employed or engaged in a prescribed role that requires the person to have personal experience with mental illness or experience as a carer of a person who is living with mental illness; or • a psychosocial support worker of a prescribed class; or an allied health professional of a prescribed class (s 3). Mental Health and Wellbeing Act 2022: context and objectives The MHWA commenced 1 September 2023 following the Final Report of the Royal Commission into Victoria’s Mental Health System (‘the Royal Commission’). TheRoyal Commission recommended the Victorian Government design a new legislative framework for mental health and wellbeing, in partnership with people with lived experience of mental health and psychological distress and their family and carers. The MHWA represents one part of a 10-year reform plan in mental health and wellbeing. This legislative framework supports the co-design and delivery of services that are responsive to the needs and preferences of Victorians, in partnership with people with lived experience. It introduces a mental health and wellbeing system predicated on voluntary treatment. Seclusion and restraint practices (including both physical and chemical restraint) are to be eliminated fromuse by 2031. Expanded mental health and wellbeing principles coupled with decision- making principles articulate a human rights focus to assessment and treatment in mental health and wellbeing services. They envision a collaborative, inclusive and recovery-oriented framework for assessment and treatment with increased safeguards, accountability, rights, protections, and oversight. Key objectives The MHWA objectives in section 12 support the pursuit of the highest attainable standard of mental health and wellbeing for Victorians, specifically to: • promote conditions in which people can experience good mental health and wellbeing and recover from mental illness or psychological distress; • reduce inequities in access to and delivery of mental health and wellbeing services; • provide for comprehensive, compassionate, safe and high-quality mental health and wellbeing services that: – are accessible, responsive and timely, recognising people’s needs may vary over time; – are consistent with a person’s treatment, care, support and recovery preferences wherever possible; – are available early in life, early in onset and early in episode; – recognise and respond to diversity of background and need; – provide culturally safe and responsive services to Aboriginal and Torres Strait Islander peoples in order to support and strengthen connection to culture, family, community and Country; – connect and coordinate with other support services to respond to the broad range of circumstances that influence mental health and wellbeing, including alcohol and other drug services and supports; – include a broad range of treatment options, accessible whether a person is receiving voluntary or compulsory treatment; – include a broad and accessible range of voluntary treatment and support options to