{"id":"sr:mental-health-and-wellbeing-regulations-2023","name":"Mental Health and Wellbeing Regulations 2023","slug":"mental-health-and-wellbeing-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181604,"registerId":"vic-sr:mental-health-and-wellbeing-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mental Health and Wellbeing Regulations 2023","content":"Version No. 004\n\n**Mental Health and Wellbeing Regulations 2023**\n\n**S.R. No. 89/2023**\n\nVersion incorporating amendments as at  \n1 January 2026\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\nPart 2—Mental Health Workforce Safety and Wellbeing Committee 3\n\n5 Membership of Committee 3\n\n6 Term of appointment of members of Committee 3\n\n7 Vacancy and resignation 3\n\n8 Removal from office 3\n\n9 Appointment of replacement for member of Committee 4\n\n10 Expert assistance for Committee 4\n\n11 Terms of reference for Committee 4\n\n12 Functions of Committee 4\n\n13 General procedure of Committee 5\n\n14 Procedures of Committee 5\n\nPart 3—General provisions 7\n\n15 Authorised mental health practitioner 7\n\n16 Designated mental health service 7\n\n16A Reference to designated mental health service 7\n\n17 Mental health and wellbeing professional—social worker or counsellor 8\n\n18 Mental health and wellbeing service 8\n\n19 Mental health and wellbeing service provider 9\n\n20 Prescribed premises 11\n\n21 Notification to primary non-legal mental health advocacy service of variation of temporary treatment order or treatment order 12\n\n22 Remuneration and allowances 12\n\n23 Electing persons to Community Visitors Mental Health Board 13\n\n24 Functions of the Public Advocate 13\n\n25 Functions of Mental Health and Wellbeing Commission—prescribed persons or bodies 14\n\n26 Use and disclosure of information in records in custody of Mental Health and Wellbeing Commission 14\n\n27 Electronic health information system 14\n\n27A Information from electronic health information system 14\n\n28 Payment for examination 15\n\nSchedule 1—Designated mental health services 16\n\nSchedule 2—Mental Health Tribunal member remuneration 17\n\n═════════════\n\nEndnotes 18\n\n1 General information 18\n\n2 Table of Amendments 20\n\n3 Explanatory details 21\n\n**Version No.** **004**\n\n**Mental Health and Wellbeing Regulations 2023**\n\n**S.R. No. 89/2023**\n\nVersion incorporating amendments as at  \n1 January 2026\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe for the purposes of the **Mental Health and Wellbeing Act 2022**—\n\n(a) provisions relating to the establishment and procedures of the Mental Health Workforce Safety and Wellbeing Committee; and\n\n(b) hospitals and services that are designated mental health services; and\n\n(c) provisions relating to the definitions of ***authorised mental health practitioner***, ***designated mental health service***, ***mental health and wellbeing professional***, ***mental health and wellbeing service***, ***mental health and wellbeing service provider*** and ***prescribed premises***; and\n\n(d) requirements for notifications to the primary non-legal mental health advocacy service; and\n\n(e) remuneration and allowances payable to members of the Mental Health Tribunal; and\n\n(f) matters in relation to the Community Visitors Mental Health Board; and\n\n(g) persons and bodies for the purposes of the functions of the Mental Health and Wellbeing Commission; and\n\n(h) matters in relation to the use and disclosure of information in the records in the custody of the Mental Health Complaints Commissioner; and\n\n(i) matters relating to the electronic health information system; and\n\n(j) the rate of payment for an examination.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 759 of the **Mental Health and Wellbeing Act 2022**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 September 2023.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***Mental Health Complaints Commissioner*** means the person appointed as a Mental Health Complaints Commissioner under section 226 of the **Mental Health Act 2014** as in force immediately before its repeal;\n\n***the Act*** means the **Mental Health and Wellbeing Act 2022**;\n\n***Victorian WorkCover Authority*** means the Victorian WorkCover Authority continued in existence by section 491(1) of the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nPart 2—Mental Health Workforce Safety and Wellbeing Committee\n\n\t5 Membership of Committee\n\nThe Health Secretary, from time to time, may determine the number of members of the Mental Health Workforce Safety and Wellbeing Committee.\n\n\t6 Term of appointment of members of Committee\n\nA member of the Mental Health Workforce Safety and Wellbeing Committee is to be appointed for 2 years and may be reappointed.\n\n\t7 Vacancy and resignation\n\nA member of the Mental Health Workforce Safety and Wellbeing Committee ceases to hold office if the member—\n\n(a) resigns by written notice given to the Health Secretary; or\n\n(b) is removed from office under regulation 8.\n\n\t8 Removal from office\n\nThe Health Secretary may remove a member of the Mental Health Workforce Safety and Wellbeing Committee from office if the member—\n\n(a) becomes unable to perform the duties of the office; or\n\n(b) fails to attend 2 meetings of the Committee in a financial year without the approval of the joint chairs of the Committee; or\n\n(c) engages in improper conduct.\n\n\t9 Appointment of replacement for member of Committee\n\nIf a member of the Mental Health Workforce Safety and Wellbeing Committee ceases to hold office under regulation 7, or is removed from office under regulation 8, the Health Secretary may appoint a new member to the Committee for the remainder of the term of appointment of the member.\n\n\t10 Expert assistance for Committee\n\n(1) The Mental Health Workforce Safety and Wellbeing Committee may invite persons with appropriate expertise to attend meetings of the Committee to assist the Committee in the performance of its functions.\n\n(2) A person invited under subregulation (1) is not a member of the Committee and may not vote on the decisions of the Committee.\n\n\t11 Terms of reference for Committee\n\nThe Mental Health Workforce Safety and Wellbeing Committee may approve terms of reference for the Committee from time to time.\n\n\t12 Functions of Committee\n\nThe functions of the Mental Health Workforce Safety and Wellbeing Committee are—\n\n(a) to monitor and respond to changes to the workplace environment within the mental health sector by identifying key risks to workforce wellbeing; and\n\n(b) to regularly monitor data on workforce wellbeing to analyse and identify key trends and drivers affecting workplace wellbeing; and\n\n(c) to provide authoritative advice to the Health Secretary on—\n\n(i) options to prevent, ameliorate or control risks to health, safety and wellbeing in the mental health and wellbeing workforce; and\n\n(ii) the Department's strategies for supporting the safety, wellbeing and retention of the mental health and wellbeing workforce; and\n\n(d) to assist the Department and the Victorian WorkCover Authority in communicating best practice, trends and concerns for workforce wellbeing in the mental health and wellbeing sector.\n\n\t13 General procedure of Committee\n\nSubject to these Regulations and the terms of reference, the Mental Health Workforce Safety and Wellbeing Committee may regulate its own procedure.\n\n\t14 Procedures of Committee\n\n(1) The Mental Health Workforce Safety and Wellbeing Committee must meet at least quarterly in each year.\n\n(2) The joint chairs of the Committee may determine the procedure at meetings of the Committee in accordance with—\n\n(a) the Committee's terms of reference; and\n\n(b) any directions of the Health Secretary.\n\n(3) The joint chairs of the Committee must preside at meetings of the Committee.\n\n(4) In the absence of one of the joint chairs, the chair who is present may preside at a meeting of the Committee.\n\n(5) A quorum for a meeting is at least one of the joint chairs and half of the members of the Committee.\n\n(6) If there is not a quorum at a meeting, a new meeting of the Committee must be convened as soon as practicable.\n\n(7) A decision of the Committee at a meeting is to be determined by a majority of votes of members voting in person or by proxy.\n\n(8) If a member is unable to attend a meeting of the Committee—\n\n(a) the member may nominate in writing to the joint chairs a person as a proxy; and\n\n(b) if the nomination is approved by a chair, the proxy may attend the meeting and vote in the member's place.\n\nPart 3—General provisions\n\n\t15 Authorised mental health practitioner\n\nFor the purposes of paragraph (b) in the definition of ***authorised mental health practitioner***  in section 3(1) of the Act, a person is a member of a prescribed class of person if the person—\n\n(a) is employed or engaged by a designated mental health service as a mental health clinician; and\n\n(b) has completed the degree of Bachelor of Health Science (Mental Health) at Charles Sturt University.\n\n\t16 Designated mental health service\n\nFor the purposes of the definition of ***designated mental health service***  in section 3(1) of the Act, the hospitals and services listed in Schedule 1 are prescribed.\n\nReg. 16A inserted by S.R. No. 153/2025 reg. 3.\n\n\t16A Reference to designated mental health service\n\n(1) A reference to the designated mental health service formerly known as Latrobe Regional Hospital in an order made under Chapter 4 of the Act and in force immediately before the commencement of this regulation is to be construed as a reference to the designated mental health service Latrobe Regional Health, so far as the reference relates to any period on or after the commencement of this regulation.\n\n(2) A reference to the designated mental health service formerly known as Mercy Public Hospitals Incorporated in an order made under Chapter 4 of the Act and in force immediately before the commencement of this regulation is to be construed as a reference to the designated mental health service Mercy Hospitals Victoria Limited, so far as the reference relates to any period on or after the commencement of this regulation.\n\n\t17 Mental health and wellbeing professional—social worker or counsellor\n\n(1) For the purposes of paragraph (f) in the definition of ***mental health and wellbeing professional***  in section 3(1) of the Act, a person is a social worker of a prescribed class if the person—\n\n(a) is a social worker in Victoria; and\n\n(b) has a qualification that makes the person eligible to be a member of the Australian Association of Social Workers.\n\n(2) For the purposes of paragraph (g) in the definition of ***mental health and wellbeing professional***  in section 3(1) of the Act, a person is a counsellor of a prescribed class if the person is a counsellor who—\n\n(a) has completed a university degree of Bachelor of Counselling or Master of Counselling; and\n\n(b) is a member of—\n\n(i) the Australian Counselling Association; or\n\n(ii) the Psychotherapy and Counselling Federation of Australia.\n\nReg. 18 substituted by S.R. No. 92/2023 reg. 4.\n\n\t18 Mental health and wellbeing service\n\nThe following services are prescribed not to be a mental health and wellbeing service for the purposes of the definition of ***mental health and wellbeing service*** in section 3(1) of the Act—\n\n(a) a mental health and wellbeing advocacy service;\n\n(b) for the period commencing on 1 September 2023 and ending on 31 March 2024, a service provided in an emergency department of a designated mental health service to a person who is not a patient within the meaning of the Act.\n\n\t19 Mental health and wellbeing service provider\n\n(1) For the purposes of the definition of ***mental health and wellbeing service provider***  in section 3(1) of the Act, the following classes of entity are prescribed not to be a mental health and wellbeing service provider—\n\n(a) the proprietor of a registered school;\n\n(b) an approved provider of an approved education and care service;\n\n(c) an approved provider of an approved children's service;\n\n(d) the Department of Education;\n\n(e) an entity engaged or employed to provide a mental health and wellbeing service at or as part of any of the following but only to the extent that it is providing the service to the children and students who are enrolled at or staff who are engaged to work at the school or service—\n\n(i) a registered school;\n\n(ii) an approved education and care service;\n\n(iii) an approved children's service;\n\n(f) a court or tribunal, or other entity that exercises a function that is of a judicial or quasi-judicial nature;\n\n(g) a provider of a workplace mental health and wellbeing support service but only to the extent of the provision of that service.\n\n(2) In this regulation—\n\n***approved children's service*** has the same meaning as in section 3(1) of the **Children's Services Act 1996**;\n\n***approved education and care service*** has the same meaning as in the Education and Care Services National Law (Victoria);\n\n***approved provider***, in relation to an approved children's service, has the same meaning as in the **Children's Services Act 1996**;\n\n***approved provider***, in relation to an approved education and care service, has the same meaning as in the Education and Care Services National Law (Victoria);\n\n***member of a workforce***, in relation to an entity, includes—\n\n(a) any person employed by the entity under a contract of service, whether or not under a federal agreement or award;\n\n(b) any person employed by the entity under the **Public Administration Act 2004**;\n\n(c) any person appointed to a statutory office in the entity;\n\n(d) any person engaged by the entity under a contract for services;\n\n(e) any person engaged by the entity to perform any work the remuneration for which is based wholly or partly on commission;\n\n(f) any person who is working with the entity as an unpaid worker or volunteer;\n\n***proprietor***,  in relation to a registered school, means—\n\n(a) a person, body, or institution that owns or controls one or more registered schools;\n\n(b) any person or body that is specified in the registration of the school under the **Education and Training Reform Act 2006** as the proprietor of the school;\n\n***registered school*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***workplace mental health and wellbeing support service*** means a mental health and wellbeing service that is provided or offered to members of the workforce of an entity or the family members of those members by—\n\n(a) the entity; or\n\n(b) another entity under an arrangement or agreement with the first-mentioned entity.\n\n**Example**\n\nAn employee wellbeing support program.\n\n\t20 Prescribed premises\n\nFor the purposes of paragraph (c) of the definition of ***prescribed premises*** in section 3(1) of the Act, the prescribed class of mental health and wellbeing service providers is the class of providers of mental health and wellbeing services known as Prevention and Recovery Care (PARC) services.\n\n\t21 Notification to primary non-legal mental health advocacy service of variation of temporary treatment order or treatment order\n\nAn authorised psychiatrist must ensure that the primary non-legal mental health advocacy service provider is notified of the following variations as soon as practicable after the variation is made—\n\n(a) a variation to a temporary treatment order or a treatment order under section 223(1) of the Act;\n\n(b) a variation to a temporary treatment order in accordance with a direction of the chief psychiatrist under section 223(2) of the Act.\n\n\t22 Remuneration and allowances\n\nFor the purposes of section 345 of the Act—\n\n(a) the prescribed remuneration for a class of Tribunal member specified in Column 1 of the table in Schedule 2 is expressed as a percentage of the remuneration payable from time to time to a member of VCAT specified in Column 2 of that table corresponding to that class of Tribunal member and, in the case of a part-time appointment, is reduced pro rata; and\n\n(b) the prescribed allowances to which a member of the Tribunal is entitled are the allowances determined in relation to that office by the Health Secretary from time to time in accordance with any applicable departmental policy.\n\n\t23 Electing persons to Community Visitors Mental Health Board\n\nFor the purposes of section 405(b) of the Act—\n\n(a) an election must be held before 30 June in each year and be conducted in accordance with these Regulations; and\n\n(b) at least one community visitor must be elected to the Community Visitors Mental Health Board each year; and\n\n(c) a community visitor elected to the Community Visitors Mental Health Board holds office from 1 July of the year that the community visitor is elected for a period of 2 years unless the community visitor resigns or the office of that community visitor becomes vacant.\n\n\t24 Functions of the Public Advocate\n\nFor the purposes of section 405(b) of the Act, the Public Advocate has the following functions in relation to elections to the Community Visitors Mental Health Board—\n\n(a) to determine the process for the election of members to the Community Visitors Mental Health Board and the filling of any casual vacancy in respect of that Board, including the requirements in relation to the notice of an election, nomination of candidates, ballot papers, method of voting and counting votes;\n\n(b) to appoint a returning officer to conduct an election of members to the Community Visitors Mental Health Board or the filling of any casual vacancy in respect of that Board;\n\n(c) to determine questions relating to the validity or regularity of votes;\n\n(d) to ensure that a list of names and addresses of community visitors is maintained.\n\n\t25 Functions of Mental Health and Wellbeing Commission—prescribed persons or bodies\n\nFor the purposes of section 415(w)(xv) of the Act, Safer Care Victoria, the administrative office in relation to the Department of Health, is prescribed.\n\n\t26 Use and disclosure of information in records in custody of Mental Health and Wellbeing Commission\n\nThe Mental Health and Wellbeing Commission may use and disclose any information in the records of the Mental Health Complaints Commissioner for the purpose of exercising any power or carrying out any function under the Act or the **Mental Health Act 2014** as in force immediately before its repeal.\n\n\t27 Electronic health information system\n\nFor the purposes of section 727(4)(b) and (c) of the Act, The Bouverie Centre at La Trobe University is a prescribed mental health and wellbeing service provider.\n\nReg. 27A inserted by S.R. No. 153/2025 reg. 4.\n\n\t27A Information from electronic health information system\n\nFor the purposes of section 728(2)(b) of the Act, Ambulance Service—Victoria is a prescribed emergency service provider.\n\n\t28 Payment for examination\n\nFor the purposes of section 745 of the Act, the prescribed rate in relation to an examination under the Act is the fee that is applicable in respect of the item of medical service in relation to such an examination that is set out in the table of medical services prescribed under section 4 of the Health Insurance Act 1973 of the Commonwealth.\n\nSch. 1 amended by S.R. Nos 47/2025 reg. 4, 141/2025 reg. 4, 153/2025 reg. 5.\n\nSchedule 1—Designated mental health services\n\nRegulation 16\n\nAlbury Wodonga Health\n\nAustin Health\n\nBarwon Health\n\nBayside Health\n\nBendigo Health Care Group\n\nEastern Health\n\nGoulburn Valley Health\n\nGrampians Health\n\nLatrobe Regional Health\n\nMelbourne Health\n\nMercy Hospitals Victoria Limited\n\nMildura Base Public Hospital\n\nMonash Health\n\nNorthern Health\n\nParkville Youth Mental Health and Wellbeing Service\n\nSouth West Healthcare\n\nSt Vincent's Hospital (Melbourne) Limited\n\nThe Royal Children's Hospital\n\nWestern Health\n\nSchedule 2—Mental Health Tribunal member remuneration\n\nRegulation 22\n\n| *Column 1* | *Column 2* |\n| --- | --- |\n| *Mental Health Tribunal member class* | *Percentage rate of comparable VCAT member remuneration* |\n| **President** | 75% of remuneration payable to VCAT Deputy President |\n| **Deputy President** | 70% of remuneration payable to VCAT Deputy President |\n| **Senior Tribunal member**   Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT senior member |\n| **Senior Tribunal member**   Community member | 75% of remuneration payable to VCAT senior member |\n| **Ordinary Tribunal member**   Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT ordinary member |\n| **Ordinary Tribunal member**<br>Community member | 75% of remuneration payable to VCAT ordinary member |\n| **Ordinary Tribunal member (sessional)**   Psychiatrist member/registered medical practitioner member/legal member | 80% of remuneration payable to VCAT ordinary member (presiding) (sessional) |\n| **Ordinary Tribunal member (sessional)**   Community member | 75% of remuneration payable to VCAT ordinary member (non-presiding) (sessional) |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Mental Health and Wellbeing Regulations 2023, S.R. No. 89/2023 were made on 22 August 2023 by the Governor in Council under section 759 of the **Mental Health and Wellbeing Act 2022**, No. 39/2022 and came into operation on 1 September 2023: regulation 3.\n\nThe Mental Health and Wellbeing Regulations 2023 will sunset 10 years after the day of making on 22 August 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Mental Health and Wellbeing Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nMental Health and Wellbeing Amendment Regulations 2023, S.R. No. 92/2023\n\n| *Date of Making:* | 29.8.23 |\n| --- | --- |\n| *Date of Commencement:* | 1.9.23: reg. 3 |\n\n\nMental Health and Wellbeing Amendment (Parkville Youth Mental Health and Wellbeing Service) Regulations 2025, S.R. No. 47/2025\n\n| *Date of Making:* | 11.6.25 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.25: reg. 3 |\n\n\nMental Health and Wellbeing Amendment (Bayside Health) Regulations 2025, S.R. No. 141/2025\n\n| *Date of Making:* | 9.12.25 |\n| --- | --- |\n| *Date of Commencement:* | 1.1.26: reg. 3 |\n\n\nMental Health and Wellbeing Amendment Regulations 2025, S.R. No. 153/2025\n\n| *Date of Making:* | 23.12.25 |\n| --- | --- |\n| *Date of Commencement:* | 23.12.25 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to remain within the original scope of supporting the Mental Health and Wellbeing Act 2022. The amendments shown (adding Parkville Youth Mental Health and Wellbeing Service, updating Bayside Health, renaming hospitals, adding Ambulance Victoria to information sharing) are incremental operational updates rather than scope creep. The regulations continue to focus on workforce safety, service definitions, tribunal administration, and patient advocacy as originally intended."},"complexity_factors":["Multiple cross-references to the parent Act (Mental Health and Wellbeing Act 2022) requiring simultaneous reading","Nested definitions within definitions (e.g., regulation 19 defines 'member of a workforce' and 'workplace mental health and wellbeing support service' within the same provision)","Conditional exclusions with temporal limitations (regulation 18(b) excludes emergency department services only for a specific 7-month period)","Dual meaning terms ('approved provider' has different meanings depending on context in regulation 19)","Percentage-based remuneration calculations tied to external tribunal rates (Schedule 2)","Transitional provisions for renamed institutions (regulation 16A) requiring historical knowledge","19 defined terms in the interpretation section (regulation 4) plus numerous inline definitions"],"plain_english_summary":"This legislation sets out the detailed rules for how Victoria's Mental Health and Wellbeing Act 2022 operates in practice. It covers several key areas:\n\n**Workforce Safety Committee**: Establishes a committee to monitor and improve the mental health and safety of people working in the mental health sector. The committee advises the Health Secretary on risks to worker wellbeing, meets at least quarterly, and has joint chairs.\n\n**Who can provide mental health services**: Defines which hospitals and services are officially recognised as 'designated mental health services' (listed in Schedule 1, including major hospitals like Austin Health, Royal Children's Hospital, etc.). It also specifies who qualifies as an 'authorised mental health practitioner' (specifically requiring a Bachelor of Health Science from Charles Sturt University for certain roles) and which social workers and counsellors meet the professional standards.\n\n**What's NOT a mental health service**: Excludes certain services from the Act's coverage, including advocacy services, school-based services, childcare services, workplace employee assistance programs, and judicial bodies.\n\n**Patient rights and advocacy**: Requires psychiatrists to notify advocacy services when treatment orders are changed, and sets up elections for the Community Visitors Mental Health Board (who monitor services and protect patient rights).\n\n**Information sharing**: Allows the Mental Health and Wellbeing Commission to access old records from the previous Mental Health Complaints Commissioner, and includes specific providers in the electronic health information system.\n\n**Pay and allowances**: Sets how much members of the Mental Health Tribunal get paid (as percentages of what comparable VCAT members earn) and allows the Health Secretary to set allowances.\n\n**Technical updates**: Includes rules about renaming hospitals (Latrobe Regional Hospital becomes Latrobe Regional Health, etc.) so old legal documents still work.\n\n**Payment for medical examinations**: Sets the rate for medical examinations under the Act to match Medicare fees.\n\nIn short, these regulations fill in the practical details that make the main Mental Health and Wellbeing Act work on the ground—defining who can do what, where services are provided, how workers are protected, and how patients' rights are safeguarded."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations remain within the original, narrow function set out in the Act: they prescribe procedural, definitional and administrative details (committee arrangements, lists of designated services, who counts as particular classes of professionals or providers, remuneration mechanics, notification duties, and data/information arrangements). Recent amendments reflected in this version principally update lists and names (for example adding Parkville Youth Mental Health and Wellbeing Service, Bayside Health, prescribing The Bouverie Centre and Ambulance Service—Victoria for information-system purposes, and renaming Latrobe/Mercy entities) and add limited transitional or time‑bound exceptions. Those changes adapt the Regulations to operational realities but do not materially broaden their policy scope beyond what the Act authorised."},"complexity_factors":["28 regulations plus 2 schedules (Schedules list designated services and Tribunal remuneration)","Multiple cross-references to the Mental Health and Wellbeing Act 2022 (e.g. ss 3(1), 223, 345, 405, 415, 727–745) creating dependence on primary Act definitions and chapters","Schedule 1 lists 19 designated mental health services (concrete list that is updated by amendment)","Schedule 2 contains a remuneration table with several Tribunal member classes linked as percentages to VCAT pay rates (multiple columns and conditional pro rata rules)","Several defined or prescribed classes based on qualifications and professional memberships (regs 15, 17) requiring factual verification","Temporal and limited exceptions (e.g. emergency department service exclusion limited to 1.9.2023–31.3.2024 in reg 18) and transitional name-change rules (reg 16A)","Committee procedural rules with quorum, proxy arrangements, removal grounds and expert advisers (regs 10–14) — nested conditional rules","Mix of operational delegations to the Health Secretary (appointments, removals, allowances, Committee size and directions) and to the Public Advocate (election procedures) increases multiple decision-points","Amendments inserted across the Regulations (regs 16A, 27A and various S.R. Nos noted) indicating evolving/iterative content"],"plain_english_summary":"**What these Regulations do (mechanics)\n\n- Establish a Mental Health Workforce Safety and Wellbeing Committee and set out how it is composed, how long members serve, how members are removed or replaced, meeting frequency, quorum, proxy voting and that the Committee may take expert advice (regs 5–14). The Committee must monitor workforce risks and data and give advice to the Health Secretary and relevant agencies about workforce safety, wellbeing and retention (reg 12).\n\n- Specify which hospitals and services are \"designated mental health services\" for the purposes of the Mental Health and Wellbeing Act 2022 by listing them in Schedule 1 (reg 16). The Regulations also provide transitional name-updates for two previously named services so existing orders keep working under the new names (reg 16A).\n\n- Define or prescribe classes of people and organisations relevant to the Act: for example, who counts as an authorised mental health practitioner based on employment and a specific degree (reg 15); who counts as a social worker or counsellor by qualification and professional membership (reg 17); and which services are not treated as \"mental health and wellbeing services\" (reg 18).\n\n- List which organisations are excluded from being \"mental health and wellbeing service providers\" (reg 19). This list includes school proprietors, approved education and care providers, courts and workplace wellbeing providers to the extent they provide services to their own staff or students.\n\n- Prescribe a class of \"prescribed premises\" (Prevention and Recovery Care, PARC, services) for the Act's purposes (reg 20).\n\n- Require an authorised psychiatrist to notify the primary non-legal mental health advocacy service when a temporary treatment order or treatment order is varied (reg 21).\n\n- Fix how members of the Mental Health Tribunal are paid: remuneration is expressed as percentages of comparable VCAT rates (Schedule 2) and allowances are set by the Health Secretary under departmental policy (reg 22 and Sch 2).\n\n- Set rules for electing community visitors to the Community Visitors Mental Health Board and give the Public Advocate responsibilities for running those elections (regs 23–24).\n\n- Prescribe certain bodies as relevant to other statutory functions: Safer Care Victoria as a prescribed body for Commission functions (reg 25); permit the Mental Health and Wellbeing Commission to use records previously held by the Mental Health Complaints Commissioner (reg 26); and nominate certain providers for electronic health information system access or notification (regs 27, 27A).\n\n- Tie the fee payable for medical examinations under the Act to the applicable Commonwealth Medicare item fee (reg 28).\n\nWho this affects (stakeholders and immediate legal consequences)\n\n- Mental health workforce and the Department of Health: the Committee (regs 5–14) provides monitoring and advice that can influence departmental policy and WorkCover communications (reg 12). The Health Secretary controls membership numbers, appointments, removals and allowance settings (regs 5, 6, 8, 9, 22).\n\n- Designated mental health services listed in Schedule 1: those entities become the services the Act treats as \"designated\" and so are subject to the Act's Chapter 4 and related obligations (reg 16).\n\n- Clinicians and authorised psychiatrists: notification duties to the primary non-legal advocacy service on order variations impose an administrative requirement (reg 21). The definition of authorised mental health practitioner ties that status to employment by a designated service and specific qualifications (reg 15).\n\n- Schools, education and childcare providers, courts, and workplace wellbeing programs: these are explicitly excluded from being \"mental health and wellbeing service providers\" in the Regulations when operating within the scope described (reg 19). That means certain regulatory requirements in the Act will not apply to them as service providers.\n\n- Mental Health Tribunal members: their pay and allowances are prescribed via percentage comparisons to VCAT rates and by Health Secretary policy, which sets how much they will receive (reg 22; Sch 2).\n\n- Providers with electronic health information system access (e.g. The Bouverie Centre) and emergency services (Ambulance Service—Victoria): specifically prescribed for information-system purposes (regs 27, 27A).\n\nWhy it matters (practical effects, incentives and costs)\n\n- Administrative and compliance allocation: the Regulations move practical, technical detail out of the Act into subordinate rules so that lists (designated services, prescribed providers), procedural arrangements (Committee meetings, election processes) and payment links can be updated by regulation rather than re‑enacting primary legislation (see regs 1–4, 16, 22, Sch 2).\n\n- Who pays and who decides: tribunal remuneration is mechanically linked to VCAT pay scales (Sch 2) and allowances are set by the Health Secretary using departmental policy (reg 22). The Health Secretary also appoints and removes Committee members and sets Committee size (regs 5, 8, 9), concentrating operational decision-making in the Department.\n\n- Compliance burdens and administrative costs: clinicians (authorised psychiatrists) must notify advocacy services of order variations (reg 21), and some professional statuses are tied to specified qualifications and memberships (regs 15, 17), creating clear eligibility rules but also administrative verification tasks for employers and regulators.\n\n- Regulatory reach and exclusions: by prescribing who counts as a mental health and wellbeing service provider and who does not (reg 19), the Regulations narrow the set of entities subject to the Act's provider obligations in particular circumstances (for example, in‑school services provided only to enrolled students or staff). That reduces regulatory compliance for those excluded entities but leaves designated services (Schedule 1) fully within the Act's scope.\n\n- Cost exposure and predictability: linking tribunal pay to VCAT percentages (Sch 2) creates an automatic, transparent relationship to an existing pay scale — this constrains sudden, standalone rate-setting but imports any future VCAT pay movements into tribunal costs.\n\nImplementation, trade-offs and risks (short summary)\n\n- The Committee is advisory and its influence depends on Departmental uptake; monitoring and data duties could produce useful early-warning signals but require data collection and analysis capacity (regs 10, 12).\n\n- The Regulations contain time-limited and specific carve-outs (for example, an emergency-department service exclusion until 31 March 2024 — reg 18), and they update institutional names and add prescribed entities by amendment (regs 16A, 27, 27A and Table in Sch 1). Those updates are operational (keeping orders and systems aligned) rather than broadening the Act's policy aims.\n\n- Concentrated benefits and diffuse costs: specific professional groups (Tribunal members; designated-service clinicians) and specific organisations (Schedule 1 entities) are directly affected; compliance and administrative tasks (notifications, qualification checks) impose dispersed time costs on clinicians and providers (regs 15, 17, 21, 22).\n\nKey references for mechanics: regs 5–14 (Committee); regs 15–21 (definitions, provider scope, premises, notifications); reg 22 and Schedule 2 (Tribunal pay); regs 23–24 (elections); regs 25–28 (Commission functions, information, payments)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope change cannot be meaningfully assessed because the document provided contains no substantive regulatory provisions — only version history and status metadata. There is insufficient content to compare original intent against final form."},"complexity_factors":["The document as provided contains virtually no substantive legislative content — only metadata, version history labels, and status indicators","Cannot assess true regulatory complexity (which could be high) because the actual provisions are absent from the provided text","Regulations of this type typically interact with a parent Act (Mental Health and Wellbeing Act 2022), adding interpretive layers — but this cannot be confirmed from the text given","Score of 2 reflects only what is assessable: a simple metadata document, not the likely complexity of the full instrument"],"plain_english_summary":"These are regulations made under Victoria’s Mental Health and Wellbeing Act that would set practical rules for mental health treatment and services. The provided file contains virtually no substantive provisions—only metadata—so the actual regulatory content, including how involuntary treatment, rights, complaints and clinical standards are handled, isn’t visible. This matters for patients, carers, clinicians and tribunals; consult the full Statutory Rule 89/2023 on legislation.vic.gov.au for the operative text."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-and-wellbeing-regulations-2023","history":"/api/acts/mental-health-and-wellbeing-regulations-2023/history","analysis":"/api/acts/mental-health-and-wellbeing-regulations-2023/analysis","conflicts":"/api/acts/mental-health-and-wellbeing-regulations-2023/conflicts","importantCases":"/api/acts/mental-health-and-wellbeing-regulations-2023/important-cases","documents":"/api/acts/mental-health-and-wellbeing-regulations-2023/documents"}}