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Mental Health Act 2014

The Mental Health Act 2014 commenced on 1 July 2014. This legislation regulates when compulsory treatment can be used and establishes safeguards to ensure that the rights, privacy, dignity and self-respect of a person with a mental illness are protected.

The legislation includes four key themes:

  • Recovery framework - Presumption of capacity, advocates, advance statements, nominated persons, recognition of the role of families and carers.
  • Compulsory treatment - new criteria for compulsory assessment and treatment, new Compulsory Treatment Orders, Mental Health Tribunal (MHT) to make treatment Orders, orders of shorter duration to protect adult and young people.
  • Safeguards - Independent hearings and determinations by the Mental Health Tribunal (MHT), MHT authorises Electroconvulsive treatment (ECT), greater regulation of restrictive interventions and second Psychiatric opinion.
  • Oversight and service improvement - New role for the Chief Psychiatrist, establishes a Mental Health Complaints Commissioner, community visitors, introduces codes of practice and clarifies information sharing and disclosure.

Quick guides

For information about

General enquiries

Mental Health Implementation Project
Mental Health, Wellbeing and Ageing Division
Department of Health and Human Services
17/50 Lonsdale Street
GPO Box 4541
Enquiry Line: 1300 656 692