Mental Health and Wellbeing Act
The Mental Health and Wellbeing Act 2022 (the Act) is the foundation for Victoria’s mental health and wellbeing system.
It defines the powers and functions of the Chief Psychiatrist to promote quality and safety.
The Act also outlines:
- the principles that mental health and wellbeing services must follow
- the practices and incidents that must be reported to the Chief Psychiatrist
- the principles and protections essential for good mental health and wellbeing (including supported decision making, recovery-oriented practice and human rights).
Obligations for services
Mental health and wellbeing services must meet core obligations around delivering safe and high-quality treatment and care.
These obligations are outlined in the Act and are further elaborated in the Chief Psychiatrist’s guidelines on clinical best practice.
Failure to meet these obligations puts people at risk of harm.
The Office of the Chief Psychiatrist receives notifications about suspected non-compliance with the Act. It takes actions to address issues wherever they are identified.
To meet compliance requirements around treatment and care, mental health and wellbeing services may be required to fill in an official Mental Health and Wellbeing Act 2022 form and submit it to a relevant oversight authority.
Reviewed 15 September 2023
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