The Law Handbook 2024

Chapter 8.4: Mental illness 821 decisions and be involved in decisions about their assessment, treatment and recovery including when they are receiving compulsory treatment. The person’s views and preferences are to be given priority; • Family and carers principle families, carers and supporters (including children) of a person are to be supported in their role in decisions about the person’s assessment, treatment and recovery; • Lived experience principle the lived experience of a person and their carers, families and supporters is to be recognised and valued as experience that makes them valuable leaders and active partners in the mental health and wellbeing service system; • Health needs principle identifying and responding to the medical and other health needs of people, including any related to the use of alcohol or other drugs. In doing so, the intersectionality of a person’s mental health and health needs should be considered; • Dignity of risk principle a person has the right to take reasonable risks to achieve personal growth, self-esteem and overall quality of life. Respecting this right involves balancing the duty of care owed to people with actions to afford each person the dignity of risk; • Wellbeing of young people principle promoting and supporting the health, wellbeing and autonomy of children and young people receiving mental health and wellbeing services, by providing treatment and support in age and developmentally appropriate settings and ways. Recognising that their lived experience makes them valuable leaders and active partners in the service system; • Diversity principle actively considering the diverse needs and experiences of a person noting that such diversity may be due to a variety of attributes including gender identity, sexual orientation, sex, ethnicity, language, race, religion, faith or spirituality; class, socioeconomic status, age, disability, neurodiversity, culture, residence status and geographic disadvantage. Providing services that are safe, sensitive and responsive to the diverse abilities, needs and experiences of the person including any experience of trauma and considering the intersectionality of those diverse needs with the person’s mental health; • Gender safety principle people receiving services may have specific safety needs or concerns based on their gender. Consideration is to be given to these needs and concerns and access is to be provided to services in a manner that is safe, responsive to any current or historical experience of family violence or trauma, recognises and responds to the ways gender dynamics may affect service delivery, treatment and recovery, and recognises and responds to the intersectionality of gender and other types of discrimination and disadvantage; • Cultural safety principle services are to be culturally safe and responsive to people of all racial, ethnic, faith-based and cultural backgrounds. Treatment and care is to be appropriate for and consistent with the cultural and spiritual beliefs and practices of a person. Regard is to be given to the views of the person’s family, and to the extent that it is practicable and appropriate to do so, the views of significant members of the person’s community. Regard is to be given to Aboriginal and Torres Strait Islander people’s unique culture and identity, including connections to family and kinship, community, Country and waters. To the extent practicable, and appropriate, treatment and care for Aboriginal and Torres Strait Islander people is to be decided and given having regard to the views of elders, traditional healers and Aboriginal and Torres Strait Islander mental health workers; • Wellbeing of dependents principle the needs, wellbeing and safety of children, young people and other dependents of people are to be protected. Mental health and wellbeing providers must give proper consideration to the principles and make all reasonable efforts to comply with the principles when exercising a function under the MHWA. Complaints can be made to the MHWC if a service provider fails to comply with their obligations under these principles. Service providers must report on how they respond to the principles in annual reports. Proper consideration is the same test that applies to consideration of rights under the Charter of Human Rights and Responsibilities Act 2006 (Vic). In practice, what this means will vary according to the context. In circumstances where a decision is urgent or needs to be made under pressure, what is ‘proper