The Law Handbook 2024

820 Section 8: Disability, mental illness and the law enable a reduction in the use of compulsory assessment and treatment, and to reduce the use of seclusion and restraint with the aim of eliminating its use within 10 years; • promote continuous improvement in the quality and safety of mental health and wellbeing services by ensuring people with lived experience of mental illness, compulsory treatment and their families/carers are at the centre of changes in practice, service delivery, design and evaluation of mental health and wellbeing services; • protect and promote the human rights and dignity of people living with mental illness by providing them with assessment and treatment in the least restrictive way possible in the circumstances; • recognise and respect the right of people with mental illness or psychological distress to speak and be heard in their own voices, from their own experiences and from within their own communities and cultures; • recognise, promote and actively support the role, health and wellbeing of families, carers and supporters in the care, support and recovery of people living with mental illness or psychological distress; • recognise, value, support and promote the critical work of the clinical and non-clinical mental health and wellbeing workforce; • promote the mental health and wellbeing principles (see below). Protecting the rights and dignity of people living with mental illness or psychological distress The mental health and wellbeing principles protect the rights of people using mental health and wellbeing services. Current human rights practice and thinking has informed the protection of rights under the MHWA, including those principles. The MHWA also builds on existing protections that were available under the Mental Health Act 2014, including statements of rights and particular supports for people receiving compulsory assessment or treatment, such as nominated support persons and advance statement of preferences. It also introduces an opt-out model for providing advocacy to people receiving compulsory treatment. Mental health and wellbeing principles In addition to the objectives of the MHWA, mental health and wellbeing service providers must make all reasonable efforts to comply with the mental health and wellbeing principles (pt 1.5 MHWA) when providing mental health services. These principles must also be applied by anyone who performs any duty or function or exercises any power under the MHWA. They must prioritise the values, treatment preferences and views of consumers, families, supporters, and carers. The principles support the Royal Commission’s ambition to reduce the use of compulsory treatment and restrictive interventions. The MHWA sets a higher standard of accountability for mental health and wellbeing service providers to meaningfully embed the principles into daily practice. Mental health and wellbeing service providers must also provide safe, person-centred mental health and wellbeing services and foster continuous improvement in the quality and safety of the care and mental health and wellbeing services they provide. The 13 mental health and wellbeing principles are: • Dignity and autonomy principle promoting and protecting people’s rights, dignity and autonomy and supporting them to exercise those rights; • Diversity of care principle providing access to a diverse mix of care and support services, determined as much as possible by the needs and preferences of the person including their accessibility requirements, relationships, living situation, any experience of trauma, level of education, financial circumstances and employment status; • Least restrictive principle providing services to a person with the least possible restriction of their rights, dignity and autonomy with the aim of promoting their recovery and full participation in community life. The views and preferences of the person should be key determinants of the nature of this recovery and participation; • Supported decision-making principle supported decision-making practices are to be promoted. Persons are to be supported to make