Mental Health Legal Centre Inc.

Mental Health Act

Chief Psychiatrist - statutory duties under the Mental Health Act

The Chief Psychiatrist is appointed by the Secretary to the Victorian Department of Health (formerly Department of Human Services).  The Chief Psychiatrist is responsible, under s 105 of the Mental Health Act 1986, for the medical care and welfare of persons receiving treatment or care for a mental illness in Victoria.  Currently, the Chief Psychiatrist also investigates complaints against mental health services, publishes clinical guidelines and provides clinical advice to psychiatric services and the Department of Health.  They have the power to, in certain circumstances, visit a psychiatric service, inspect premises, inspect and take copies of documents and may give directions to psychiatric services in certain cases.  Mental health services must report regularly to the Chief psychiatrist about:

• the death of any person receiving treatment or care for a mental disorder which is a "reportable death" within the meaning of the Coroners Act 1985. 
• seclusion
• mechanical restraint
• electroconvulsive therapy (ECT)
• annual medical examination of involuntary patients in continuous care for 12 months.

More information about the work of the Office of the Chief Psychiatrist, including monitoring the above issues and annual reports can be found on the Chief Psychiatrist's website.

Report into deaths in psychiatric care - 2008-2010

In January 2012 the Chief Psychiatrist's published her report into the investigation of inpatient deaths 2008-2010.  The Chief Psychiatrist and a panel of two interstate psychiatrists investigated the deaths of 41 people receiving treatment in a psychiatric service which occurred between January 2008 and December 2010.  The inquiry, announced in September 2011 by Premier Baillieu and the Minister for Mental Health, Mary Wooldridge, followed reports in The Age newspaper detailing concerns about how mental health services had responded to   unnatural, unexpected and violent deaths of a person in psychiatric care of the state. 

Both the Chief Psychiatrist's report and the government's response to the report were released in February 2012.  The government accepted 12 out of 15 recommendations, giving in principle support to the remaining 3 recommendations.

Background information to the inquiry:

• For the inquiry's specific terms of reference, go to the government's media release (6 September 2011)
• Read articles published in The Age and the many Letters to the Editor on mental health-related issues from around September 2011.
• Read MHLC's letter to the editor - Chief Psychiatrist has politicised role (6 September 2011)
• Read MHLC quoted in The Age (9 September 2011)
  
   

The MHLC strongly advocates for the role of monitoring and investigation of reportable deaths of people in the care of mental health services to be undertaken by an adequately empowered and resourced body which is independent of the Department of Health and that reports directly to parliament.  The Exposure Draft Mental Health Bill 2010 (see below) fails to address this.

Review of the Mental Health Act

Since 2008, the Victorian Government, Department of Health (formerly Department of Human Services) has been reviewing the Victorian Mental Health Act 1986.  In October 2010, the Government released proposed new draft mental health laws, called the "Exposure Draft Mental Health Bill 2010".  The Minister for Mental Health, Mary Wooldridge MP, also conducted community roundtable meetings in March 2011 to discuss various aspects of the Exposure Draft Bill.

We have been actively involved in the ongoing review through making submissions to and consulting with Government, consulting with people with psychiatric disability/mental health consumers and other legal and advocacy organisations and producing information on the impact of proposed new laws on the rights of people with psychiatric disability.

MHLC submissions to the Review:

• MHLC's Submissions to the Consultation Paper - Review of the Mental Health Act   February 2009  pdf 541kb
• MHLC's Submission to the Exposure Draft Mental Health Bill 2010 February 2011 pdf 360kb

What consumers want from new mental health laws:

• Report from the consumer forum on the Draft Mental Health Bill (word doc 140kb)

This report has been compiled from the views of consumers who participated in the MHLC forum on 17 February 2011.  The report was submitted to the Government as part of the MHLC's Submission to the Exposure Draft Mental Health Bill 2010 (see above).

How will the Exposure Draft Mental Health Bill affect people with, or labelled as having a mental illness?

• Draft Mental Health Bill - Consumer information (powerpoint presentation 454 kb) 

As background material for the consumer forum in February (see above), this presentation provides information about the affect of proposed new mental health laws in the following areas:

1. Compulsory treatment, refusing treatment & "treatment planning"
2. Reviews & appeals and the (new) Mental Health Tribunal
3. Supported decision-making, advance statements and the nominated person
4. Electroconvulsive therapy (ECT)
5. Complaints & the new Mental Health Commission

Read the MHLC's article (pdf) in New Paradigm, 'Mental health law reform - the Exposure Draft Mental Health Bill and beyond...' (Autumn 2011)

Update on proposed new mental health legislation

On 23 May 2011 the Government announced that the Exposure Draft Bill would be redrafted as a result of the recent public consultations, including public submissions and community round table meetings.  It is likely a new Bill will be introduced into Parliament in 2012, with the new Act expected to become operational in 2013.  It is unclear whether the new legislation will be released publicly before it is introduced to Parliament. 

The Government also released summaries of the views expressed at the community round table meetings held in March 2011. 

Click here for more information.

Further information about the Review

Click here to access the Government's Review of the Mental Health Act website for more information on the Review including:

• the Government's Consultation Paper on the Review (December 2008)
• Public submissions to the Consultation Paper
• the Community Consultation Report from the Government's Expert Advisory Group (July 2009)
• the Government's Response to the Community Consultation Report (July 2009)
• the Exposure Draft Mental Health Bill 2010 & accompanying information sheets
• Public submissions to the Draft Bill
• Summaries of community round table meetings held in March 2011 (released May 2011)

"Protective Services Officers" - new powers under the MHA

The Victorian Government in August 2011 passed new laws which give new armed "Protective Services Officers" on Melbourne's rail network powers under s10 of the MHA, to apprehend a person who appears to have a mental illness in certain circumstances, and the power to use reasonable force to do so.

See 'Criminal Justice System and Police Powers' in the Policy and Law Reform section of the MHLC's website

Mental Health Review Board

• Lacking Insight - Involuntary Patient Experience of the Victorian Mental Health Review Board  2008

• An Optimally Rights Recognising Mental Health Tribunal
  conference paper 2002 word doc 103 kb

Electroconvulsive Therapy

Community Treatment Orders