420Appointment of Mental Health and Wellbeing Commissioners

420 Appointment of Mental Health and Wellbeing Commissioners

(1) On the recommendation of the Minister, the Governor in Council, by instrument, may appoint 4 persons to be Mental Health and Wellbeing Commissioners of the Mental Health and Wellbeing Commission, of whom one is to be appointed as the Chair of the Mental Health and Wellbeing Commission.

(2) In making a recommendation to the Governor in Council in relation to any person to be appointed as a Mental Health and Wellbeing Commissioner, the Minister must ensure that—

(a) at least one person is a person who—

(i) identifies as experiencing, or as having experienced, mental illness or psychological distress; and

(ii) has an understanding of the diverse experiences and needs of those living with mental illness or psychological distress—

which may inform their decisions as a Mental Health and Wellbeing Commissioner; and

(b) one person is a person who—

(i) identifies as caring for or supporting, or as having cared for or supported, a person experiencing mental illness or psychological distress; and

(ii) has an understanding of the diverse experiences and needs of families, carers and supporters of those experiencing mental illness or psychological distress—

which may inform their decisions as a Mental Health and Wellbeing Commissioner; and

(c) each person referred to in paragraph (a) and (b) has lived experience so that their experience may be relied on for the purposes of making decisions as a Mental Health and Wellbeing Commissioner.

(3) In making a recommendation to the Governor in Council, the Minister must have regard to the need for the Mental Health and Wellbeing Commissioners—

(a) to have experience, skills or knowledge that are relevant to the functions of the Mental Health and Wellbeing Commission; and

(i) the diverse needs of Aboriginal communities, the importance of self‑determination, the importance of connection to culture, family, community and Country and the importance of culturally responsive, safe and appropriate services; and

(ii) the diverse backgrounds and needs of persons using mental health and wellbeing services in Victoria, including age, disability, neurodiversity, culture, language, communication, religion, race, gender identity and sexual orientation.

(4) To avoid doubt—

(a) the Minister must not recommend the same person for appointment for the purposes of subsection (2)(a) and (b); and

(b) the appointment of a person referred to in subsection (2)(b) does not preclude any other person who identifies as caring for or supporting, or as having cared for or supported, a person experiencing mental illness or psychological distress from being appointed to the Mental Health and Wellbeing Commission under another provision of subsection (2) or (3).