Department of Human Services

Changes to the Mental Health Act: Changes to the Mental Health Act: Background and perspectivesBackground and perspectives

John Hickey, Project Officer Legal and Forensic Policy TeamMental Health Branch

Background to the amendmentsBackground to the amendments

• The result of the following influences:– Supreme and coroner’s court decisions– Responses to the CTO discussion paper– Consumer and carer feedback– Improving the operation of the Act

• The Mental Health (Amendment) Act 2003– Implementation date: 6th December 2004

Admission process Admission process

• The Act removes the requirement for admission and detention from the involuntary treatment criteria in section 8

• The criteria will now focus on the need for involuntary treatment – not where that treatment is to be provided

• Involuntary Treatment Order

Treatment Plans -Section 19ATreatment Plans -Section 19A

• Every patient under the Mental Health Act 1986 must have a treatment plan.

• The purposes of treatment plans are:– To improve communication between the

treatment team and the patient – To provide a clear statement about

treatment and expectations• Consistent with existing treating

practice

Monitoring and ReviewMonitoring and Review

• Mental Health Branch will monitor the implementation over the next 12 months:– Admission processes– Treatment plans

Further InformationFurther Information

• www.health.vic.gov.au/mentalhealth