The Law Handbook 2024

Chapter 8.4: Mental illness 841 compulsory patients. It is a free, confidential and independent service that supports people who are receiving compulsory treatment to make decisions and to have as much say as possible about their assessment, treatment and recovery. More information about relevant services can be obtained from Mental Health Victoria and the Victorian Mental Illness Awareness Council (see ‘Contacts’ at the end of this chapter). Community Visitors Program The Community Visitors Program is run by the Office of the Public Advocate. Community Visitors are volunteers who are empowered under the MHWA (pt 8) to inquire into the adequacy and standards of services and facilities. Community Visitors can inspect premises and documents, make inquiries and investigate complaints (see www.publicadvocate.vic.gov.au/your- rights/in-your-home/community-visitors ). Victorian Mental Health and Wellbeing Commission About the MHWC The Victorian Mental Health and Wellbeing Commission ( MHWC ) was established on 1 September 2023 in Part 9.1, Division 1 of the MHWA. It replaces the Mental Health Complaints Commission under the previous Mental Health Act 2014. The MHWC is an independent statutory authority, established in response to recommendation 44 of the Royal Commission into Victoria’s Mental Health System. The MHWA is charged with the responsibility of monitoring and publicly reporting on the performance, quality and safety of the mental health and wellbeing system, and elevating the leadership of people with lived experience. For the MHWC’s contact details, see ‘Contacts’ at the end of this chapter. What does the MHWC do? The MHWC’s functions (s 415) are expansive. It is required to: • “promote the improvement, awareness and understanding of mental health and wellbeing across government, business and the wider community; • elevate lived experience leadership, and support effective participation of people with lived experience in decision-making processes; • design and deliver initiatives that create awareness of people with lived experience and their unique experiences, including to promote the role of families, carers and supporters of persons living with mental illness or psychological distress; • lead and support initiatives to prevent and address stigma related to mental illness; • monitor and report on the performance, quality and safety of the mental health and wellbeing system; • report on the use of restrictive interventions in mental health and wellbeing services; • monitor and report on progress to improve the mental health and wellbeing of the Victorian community, the progress of implementation of the recommendations made by the Royal Commission into Victoria’s mental health system and other matters relating to its functions; • receive complaints by consumers and carers on their experience in accessing mental health and wellbeing services and endeavour to resolve complaints in a timely manner; • promote effective complaint handling by mental health and wellbeing service providers; • make recommendations to the Premier, Minister and heads of public service bodies; • promote and support compliance with the Act and report significant breaches of the Act to the Health Secretary.” See www.mhwc.vic.gov.au/about-mental-health-and- wellbeing-commission. Making a complaint to the MHWC In addition to making a complaint directly to the relevant mental health and wellbeing service provider or the Health Complaints Commissioner, a person can make a complaint about a publicly-funded mental health and wellbeing service provider to the MHWC. Complaints about the private mental health and wellbeing system in Victoria can be raised with the Health Complaints Commissioner. A complaint about an individual doctor or psychiatrist can also be made to the Australian Health