587 Monitoring of patient subject to intensive monitored supervision order 488
588 Intensive monitored supervision must end if patient no longer poses unacceptable risk 488
589 Application for revocation of intensive monitored supervision order 490
590 Review of use of intensive monitored supervision 491
591 Report on use of intensive monitored supervision to be given to chief psychiatrist 491
592 Immunity 492
Chapter 13—Interstate application of mental health provisions 493
Part 13.1—General 493
593 Corresponding laws and orders 493
594 Ministerial agreements 493
595 Victorian officers may exercise powers under corresponding laws 493
596 Interstate officers may perform functions or exercise powers in Victoria 494
Part 13.2—Assessment under Victorian orders interstate and corresponding orders in Victoria 495
597 Assessment of person from Victoria at interstate mental health facility 495
598 Assessment of interstate person in Victoria 495
Part 13.3—Interstate transfers 496
599 Transfer out of Victoria of responsibility for treatment—with person's consent 496
600 Interstate transfer of person—with person's consent 497
601 Transfer out of Victoria of responsibility for treatment (interstate transfer of treatment order)—without person's consent 498
602 Interstate transfer of person—without person's consent 500
603 Information to be given to transferring patient 503
Section 576 - Mental Health and Wellbeing Act 2022 - Leave of absence for forensic patient 477 | Zoe
604 Other entities to be notified of making of transfer order 503
606 Transfer of a person to Victoria 504
Part 13.4—Interstate application of Victorian orders 506
607 Interstate application of Victorian orders 506
Part 13.5—Persons absent without leave who are interstate 507
608 Persons absent without leave from interstate facilities 507
609 Persons absent without leave from designated mental health service 508
Chapter 14—Victorian Institute of Forensic Mental Health 509
Part 14.1—Preliminary 509
610 Victorian Institute of Forensic Mental Health 509
611 Trading name 509
612 Institute represents the Crown 510
613 Functions of the Institute 510
614 Powers of the Institute 511
615 Consideration of mental health and wellbeing principles 512
Part 14.2—Institute Board 513
616 Institute Board 513
617 Functions of Institute Board 513
618 Constitution of Institute Board 515
619 Appointment of directors 516
620 Terms and conditions of appointment of directors 516
621 Resignation and removal from office 517
622 Protection from liability 517
623 Validity of acts or decisions 518
624 Procedure of Institute Board 518
625 Guidelines of Minister 518
626 Appointment of delegate to Institute Board 518
627 Functions of delegate 520
628 Obligations of Institute Board to delegate 520
Part 14.3—General 521
629 Chief executive officer 521
630 Other employees 523
631 Minister may issue directions to Institute 523
632 Health Secretary may issue directions to Institute 523
633 Strategic plan 525
634 Statement of priorities 525
635 Institute Board to give notice of significant events 527
Part 14.4—Duty of candour 528
636 Definitions 528
637 Duty of candour 528
638 Apology not admission of liability 529
639 Non-compliance with duty of candour 530
Chapter 15—Victorian Collaborative Centre for Mental Health and Wellbeing 531
Part 15.1—Victorian Collaborative Centre for Mental Health and Wellbeing 531
Division 1—Establishment, functions and powers 531
640 Establishment 531
641 Official seal 531
642 Centre represents the Crown 532
643 Functions of the Centre 532
644 Powers of the Centre 533
645 Consideration of mental health and wellbeing principles 533
646 Centre to enter into agreements with designated mental health service and academic institution 533
Division 2—Centre Board 534
647 Centre Board 534
648 Functions of the Centre Board 536
649 Remuneration 536
650 Terms of office 537
651 Resignation 537
652 Removal from office 537
653 Chairperson 538
654 Acting chairperson 538
655 Meetings of the Centre Board 539
656 Establishment of committees 540
657 Guidelines 540
658 Delegation 541
Division 3—Director and staff 541
659 Director 541
660 Acting Director 542
661 Functions and powers of the Director 543
662 Delegation 544
663 Staff 544
Division 4—Directions, guidelines, statements of priorities and strategic plans 544
664 Minister may issue directions 544
665 Minister may issue guidelines 544
666 Statement of priorities 545
667 Strategic plan 546
Division 5—Reports 547
668 Annual report 547
669 Reports to the Minister and the Health Secretary 548
670 Reports to the Minister 548
Division 6—Information collection 549
671 Centre may collect information 549
Part 15.2—Review of operation 550
672 Review of operation of Centre's governance model 550
Chapter 16—Youth Mental Health and Wellbeing Victoria 551
Part 16.1—Youth Mental Health and Wellbeing Victoria 551
Division 1—Establishment, functions and powers 551
673 Establishment 551
674 Official seal 551
675 Youth Mental Health and Wellbeing Victoria represents the Crown 552
676 Functions of Youth Mental Health and Wellbeing Victoria 552
677 Powers of Youth Mental Health and Wellbeing Victoria 553
678 Consideration of mental health and wellbeing principles 555
Division 2—The Youth Mental Health and Wellbeing Board 556
679 Youth Mental Health and Wellbeing Board 556
680 Constitution and appointment of Youth Mental Health and Wellbeing Board 556
681 Functions of the Youth Mental Health and Wellbeing Board 558
682 Remuneration 562
683 Terms of office 562
684 Resignation 563
685 Removal from office 563
686 Delegation 563
687 Validity of acts or decisions 564
688 Chairperson 564
689 Procedure of the Youth Mental Health and Wellbeing Board 564
690 Establishment of committees 565
691 Guidelines 566
692 Staff 566
Division 3—Delegates 567
693 Appointment of delegates 567
694 Term of appointment 568
695 Resignation and revocation of appointment 569
696 Functions of delegate 569
697 Obligations of the Youth Mental Health and Wellbeing Board to a delegate 569
Part 16.2—Directions, guidelines, statements of priorities, strategic plans and service agreements 571
698 Minister may issue directions 571
699 Strategic plan 571
700 Statement of priorities 572
701 Notice to Minister and Health Secretary of matters of public concern or risk 574
702 Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria 574
703 Service agreements 576
Part 16.3—Declared operators providing youth mental health and wellbeing services 578
Division 1—Declared operators 578
704 Declared operators 578
705 Entities that are designated mental health services as a result of declaration under section 704 579
706 Functions of a declared operator under a service agreement with Youth Mental Health and Wellbeing Victoria 579
707 Statement of priorities with declared operators 580
Division 2—Suspension of services or appointment of administrator 582
708 Powers of Minister 582
709 Suspension of admission of patients 583
710 Appointment of administrator 584
711 Administrator may recommend termination of service agreement 586
712 Application for review by VCAT 586
713 Displacement of other law—appointment of administrator provisions 587
Part 16.4—General 588
714 Youth Mental Health and Wellbeing Victoria may collect information 588
715 Disclosure of information 589
716 Mental health and wellbeing service provider may be audited 589
717 Powers of auditors 590
718 Confidentiality requirements 592
719 Annual report 592
Chapter 17—General 593
Part 17.1—Disclosure of health information 593
Division 1—Information sharing principles 593
720 Information sharing principles 593
721 Entity to give proper consideration to information sharing principles 593
722 Disclosure, collection and use of information principle 593
723 Dignity of person paramount principle 594
724 Aboriginal and Torres Strait Islander information principle 594
725 Accessibility of information principle 594
726 Accuracy of information principle 595
Division 2—Electronic health information system 595
727 Electronic health information system 595
728 Information from electronic health information system 598
Division 3—Disclosure of health information 599
729 Disclosure of health information with consent of person 599
730 Permitted disclosure of health information without consent of person 600
731 Disclosure at key points of care 604
732 Mental health and wellbeing service provider may refuse to disclose despite consent 605
Division 4—Information sharing between mental health and wellbeing service providers and specified service providers 606
733 Collection, use and disclosure of personal or health information 606
734 Health information to be shared with emergency service providers 607
Division 5—Offences 608
735 Offence to use or disclose electronic health information system information without authorisation 608
736 Offence to use electronic health information system in a manner unauthorised 608
737 Offence to damage, destroy or remove electronic health information system information without authorisation 609
738 Destroying or damaging information held by mental health and wellbeing service providers 609
Part 17.2—Health information statements 611
739 Statement following health information refusal 611
740 Health information statement 611
Part 17.3—Notification of reportable deaths 613
741 Chief psychiatrist to be notified of reportable deaths 613
742 Notification of death of security patient or forensic patient 613
Part 17.4—Mental health and wellbeing surcharge 615
743 Mental health and wellbeing surcharge—appropriation of Consolidated Fund 615
Part 17.5—Miscellaneous provisions 616
Division 1—General 616
744 Power to commence a proceeding 616
745 Payment for examination 616
746 Offence to give false or misleading information 617
747 Destroying or damaging records 617
748 Privilege against self-incrimination 618
749 Validity of order if there is an error 618
750 Defect in appointment or delegation 618
751 Conflict of interest 619
752 Service of documents 619
753 Immunity—Part 17.1 620
Division 2—Codes of Practice 620
754 Purpose of Codes of Practice 620
755 Making of Codes of Practice 620
756 Commencement and availability of Codes of Practice 621
757 Codes of Practice may apply, adopt or incorporate 622
Division 3—Review of this Act 622
758 Review of this Act 622
Division 4—Regulations 623
759 Regulations 623
760 Fees 625
Chapter 18—Repeal, savings and transitional provisions 627
Part 18.1—Repeals 627
761 Repeal of Mental Health Act 2014 and Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 627
Part 18.2—Savings and transitional provisions—enactment of this Act 628
762 Application of Interpretation of Legislation Act 1984 628
763 Mental Health Tribunal 628
764 Rules Committee 628
765 Chief psychiatrist and authorised officers 629
766 Reportable deaths 629
767 Victorian Collaborative Centre for Mental Health and Wellbeing 629
768 Community visitors 631
769 Right to communicate 632
770 Advance statements 632
771 Nominated persons 632
772 Medical treatment 632
773 Second psychiatric opinions 632
774 Electroconvulsive treatment 633
775 Neurosurgery for mental illness 633
776 Seclusion and bodily restraint 634
777 Victorian Institute of Forensic Mental Health 634
778 Electronic health information system 635
779 Assessment orders 635
780 Court assessment orders 635
781 Temporary treatment orders 636
782 Treatment orders 636
Part 18.4—Transitional provisions—Entities Legislation Amendment (Consolidation and Other Matters) Act 2026 637
788 Directors of the Victorian Collaborative Centre for Mental Health and Wellbeing 637
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Endnotes 639
1 General information 639
2 Table of Amendments 640
3 Explanatory details 641
Version No.006
Mental Health and Wellbeing Act 2022
No. 39 of 2022
Version incorporating amendments as at
Preamble
The Parliament recognises the importance of the people of Victoria achieving the highest attainable standard of mental health and wellbeing.
The Parliament intends that this Act lay the foundation for the vision of the Royal Commission into Victoria's Mental Health System to transform the mental health and wellbeing system and to support the delivery of person-centred services that are responsive to the needs and preferences of Victorians.
The Parliament recognises the dedication, perseverance and important work of the mental health and wellbeing workforce as the mental health and wellbeing system develops. The Parliament also recognises people with lived and living experiences of mental illness and psychological distress and their commitment to working in partnership to achieve the vision of the Royal Commission.
The Parliament of Victoria therefore enacts:
Chapter 1—Preliminary
Part 1.1—Purposes and commencement
1 Purposes
The main purposes of this Act are—
(a) to restate, with amendments, the law relating to the treatment of persons living with mental illness or experiencing psychological distress; and
(b) to reform the system for the provision of mental health and wellbeing services; and
(c) to improve the administration of the system for mental health and wellbeing services; and
(d) to establish the Mental Health Tribunal; and
(e) to establish the Mental Health and Wellbeing Commission; and
(f) to establish the Victorian Institute of Forensic Mental Health; and
(g) to establish the Victorian Collaborative Centre for Mental Health and Wellbeing; and
(h) to establish Youth Mental Health and Wellbeing Victoria; and
(i) to repeal the Mental Health Act 2014 and the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021; and