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

Legal and advocacy services

Assistance is available from:

For detailed information about assistance available from these organisation, see Chapter 8.2: Disability: Asserting your rights.

Mental Health Tribunal

The Mental Health Tribunal’s (MHT) website provides information about:

  • the MHT’s role and functions;
  • how to apply for revocation of an order; and
  • the hearing process (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.

The Chief Psychiatrist must act compatibly with human rights in making decisions.

Victorian Mental Health Complaints Commissioner

The Victorian Mental Health Complaints Commissioner is responsible for resolving com­plaints about mental health service providers in Victoria.

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:

The Victorian Health Complaints Commissioner must act compatibly with human rights in making decisions.

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Disability, mental illness and the law