- Date:
- 14 Aug 2023
This handbook provides information about the Mental Health and Wellbeing Act 2022 (the Act).
The Act commenced on 1 September 2023. It replaces the Mental Health Act 2014 as the key Victorian legislation covering mental health and wellbeing treatment and support.
The handbook provides information about key features of the Act. It does not offer comprehensive legal advice. The department will continue to add further information and resources to the handbook.
The Act is being implemented with other reforms recommended by the Royal Commission into Victoria's Mental Health System. Read more on the Mental Health Reform page.
The department has created new resources to support community understanding of the new Act. These are available on the Information for the community page.
Context of the Act, objectives and principles
A contemporary Act for a compassionate Victoria. The new objectives and principles that guide the provision of mental health and wellbeing services in Victoria.
Safeguards, protection of rights and complaints
Statements of rights and other safeguards to protect the rights and dignity of people living with mental illness or psychological distress.
Supported decision making
Principles promoting supported decision making, new advance statements of preferences, nominated support persons and an opt out model of non-legal mental health advocacy.
Treatments and interventions
New rights-based decision making principles and the regulation of treatment and interventions under the Act.
Information sharing under the Act
Information sharing principles and provisions that guide the disclosure, collection and use of personal and health information.
Mental Health and Wellbeing Act 2022 forms
The Department of Health has developed a suite of forms to support the implementation of the Mental Health and Wellbeing Act 2022. The Act takes effect on 1 September 2023.
Oversight and system improvement
The Act establishes new roles and entities to strengthen governance and to support system improvement.
Mental Health and Wellbeing Act resources
We have developed a range of resources to support understanding and awareness of the Mental Health and Wellbeing Act 2022.
Updated