New law and terminology defines mental illness in Victoria with significant changes to the legal framework that assesses and treats people with a mental illness. The Mental Health Tribunal is the independent statutory tribunal providing the safeguard for the making of compulsory treatment orders. The new law seeks to minimise compulsory mental health treatment and ensure that people with a mental illness are supported to make or participate in decisions about their assessment, treatment and recovery.

Contributor

Lucy Carter

Lawyer, Mental Health Legal Centre

Where to get assistance

Last updated

1 July 2020

Legal and advocacy services

For detailed information about assistance available from the Office of the Public Advocate, Community Visitors, IMHA, equal opportunity commissions and specialist disability legal services, see Chapter 8.2: Disability: Asserting your rights.

Mental Health Tribunal

On its website (www.mht.vic.gov.au), the MHT provides information about its role and functions, how to apply for revocation of an order and the hearing process itself (including practice notices).

The Chief Psychiatrist

The Chief Psychiatrist’s role is focused on providing clinical leadership and advice to public mental health services to ensure delivery of quality mental health services. See ‘Contacts’ at the end of this chapter.

Victorian Mental Health Complaints Commissioner

The Victorian Mental Health Complaints Commissioner is responsible for resolving com­plaints about MHSPs. For the Victorian Mental Health Complaints Commissioner’s contact details, see ‘Contacts’ at the end of this chapter.

Victorian Health Complaints Commissioner

The Victorian Health Complaints Commissioner can investigate and help resolve complaints about healthcare providers in Victoria, including mental health and psychiatric services. For more information, see Chapter 8.2: Disability: Asserting your rights, and Chapter 12.4: Privacy and your rights.

Both the Chief Psychiatrist and the Victorian Health Complaints Commissioner must act compatibly with human rights in making decisions.

For the Victorian Health Complaints Commissioner’s contact details, see below.

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