Concerns over major component of Victoria’s new mental health system

The Andrews government will move ahead with a major component of Victoria’s new mental health system despite experts raising concerns.

A major component of Victoria’s new mental health system will be immediately reviewed when it is passed by parliament following concerns over changes to compulsory psychiatric treatments.

The Andrews government has vowed to move ahead with the Mental Health and Wellbeing Act as soon as possible, despite conceding it needs to reconsider the criteria that can be used to force a person to undergo mental health treatments, as set out in the legislation already before parliament.

The legislation will form the foundations of a new Victorian mental health system and is set to be passed when state parliament resumes in early 2022, in line with the timeline set out by a two-year royal commission.

However, doctors, patients and other stakeholders have warned proposed measures to reduce the use of compulsory mental health treatments could have “unintended consequences” and require further work.

Minister for Mental Health James Merlino said a cultural shift away from compulsory treatments was a complex issue that had to align with other decision-making laws.

“The royal commission recommended the Act be passed no later than mid-2022 to kickstart our system-wide reform as soon as possible, but we heard people’s feedback that the issues around compulsory assessment and treatment need more time to get right,” Mr Merlino said.

James Merlino said reviewing the measures while ensuring the wider reforms were not held up any longer. Picture: Ian Currie

“As soon as the Act is passed, we’ll work immediately to review the provisions around compulsory assessment and treatment, making sure they are aligned with other decision-making laws across government – to make sure we’re keeping Victorians safe while providing them with dignity around decision-making.”

Victoria’s new mental health act seeks to reduce the use and length of compulsory mental health treatments in line with a royal commission recommendation that it be used only as a last resort.

As well as setting new criteria for when a patient can be placed into treatment against their will, the proposed legislation sets new reporting and monitoring requirements to improve accountability.

But after seeking feedback from stakeholders the government was warned of widespread concerns over the safety of consumers and staff while trying to balance the treatment needs, dignity and risk to patients.

After receiving 283 written submissions, undertaking 28 engagement sessions saw and gaining feedback from more than 500 Victorians, 49 per cent of stakeholders told the government the compulsory assessment and treatment proposals were not suitable.

Mr Merlino said the government had listened to the call for more engagement and was responding by reviewing the measures while ensuring the wider reforms were not held up any longer.

He said the terms of reference for the review will be co-designed with consumers, families, carers, workers in the sector and service providers.

The wider feedback to the legislation is included in the Mental Health and Wellbeing Act: What we heard report will be released on Wednesday at engage.vic.gov.au/mhwa.

Originally published as Concerns over major component of Victoria’s new mental health system