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Changes to the Mental Health Act: Background and perspectives. John Hickey, Project Officer Legal and Forensic Policy Team Mental Health Branch. Background to the amendments. The result of the following influences: Supreme and coroner’s court decisions Responses to the CTO discussion paper

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changes to the mental health act background and perspectives

Changes to the Mental Health Act: Background and perspectives

  • John Hickey, Project Officer
  • Legal and Forensic Policy Team
  • Mental Health Branch
background to the amendments
Background 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 19a
Treatment 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 review
Monitoring and Review
  • Mental Health Branch will monitor the implementation over the next 12 months:
    • Admission processes
    • Treatment plans
further information
Further Information
  • www.health.vic.gov.au/mentalhealth