Mental Health Review Board of Victoria

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Review of the Mental Health Act 1986 - Board Submission

In May 2008, the Minister for Mental Health, the Hon Lisa Neville MP, announced a comprehensive review of the current Act with a view to recommendations for a new Mental Health Act to be considered by the Victorian Parliament during 2010. After the release of a consultation paper in December 2008, a community consultation panel conducted broad-ranging community consultations in early 2009. During this same period, the Department of Human Services (now the Department of Health) called for submissions addressing issues raised in the consultation paper.

In early March 2009, the Board forwarded to the Department a comprehensive submission addressing a range of issues relevant to the Board’s structure, powers, procedures, practices and operations. As well, given the length of time between reviews of the Act, it took the opportunity to provide advice to the Department based on the Board’s experience on a number of other matters raised in the consultation paper.

At the time that the Board sent its submission to the Department, in order to protect and preserve its status as an independent decision-maker within the public mental health system, it was provided on a confidential basis.

In July 2009, the Department published the report of the community consultation panel and a report setting out the Government's Response to the community consultation panel report. These documents clarified the key issues that the government seeks to address in the new Act, and in broad terms the directions it proposes the new legislation to take to achieve its aims. The Board has since been involved in further consultations with the Department.

Now that these directions have been set, and the key issues identified, the Board is now in a position to make available to its stakeholders the contents of its submissions to government, together with the attachments that it also provided to the Department.

MHRB Response to DHS Consultation Paper 633KB

20th Anniversary Conference - Mental Health Review Board of Victoria

On December 6th & 7th 2007, the Mental Health Review Board celebrated its 20th anniversary.

The keynote address delivered by Mr Neil Rees can be read here

President Completes Churchill Fellowship Study Tour

In June 2006, Board President John Lesser was awarded a Churchill Fellowship, which provided financial support for an eight-week overseas study tour to study mental health tribunal hearings with an emphasis on the evaluation of overseas jurisdictions comparable to Australia. This included participation in two international conferences in Dresden Germany and Padua Italy.

The Victorian Government, through the Minister for Mental Health, the Hon. Lisa Neville MP, and the Department of Human Services, also provided financial support for several additional study opportunities.

Between April and July 2007, John completed a comprehensive study tour, visiting England, Wales, Scotland, the Netherlands, Denmark, Germany, Italy, Ontario Canada and Los Angeles USA. He met with a wide range of people in each jurisdiction withSeptember 3, 2009s, treatment delivery practices and review processes in relation to involuntary detention and treatment of people with a serious mental illness.

On his return, John completed the requirements of the Churchill Fellowship by providing the Winston Churchill Memorial Trust with a comprehensive report on the Churchill Fellowship elements of the study tour. He is in the process of completing a further report to Minister Neville on the wider aspects of the study tour.

John has also given a number of presentations to interested groups on his activities and experiences, findings and recommendations.

The Churchill Fellowship report is available by clicking here.

A general report providing a cross-jurisdictional evaluation of a wider range of issues concerning mental health legal frameworks, service delivery and review systems is available by clicking here.

Further information about the Churchill Trust and Churchill Fellowships is also available on the website of the Churchill Trust at http://www.churchilltrust.com.au.

Please address any feedback or queries about the report by email by clicking on to
http://www.mhrb.vic.gov.au/contact.htm.

Practice Direction - 2007/1 Charter of the Human Rights and Responsibilities Act 2006

Word version (doc 122 kb)
Adobe version (pdf 107kb)

Mental Health Legislation - National Comparitive Summary

This has been produced by the Mental Health Review Board of Victoria to identify similarities /differences in Mental Health Legislation throughout Australia. It is envisaged that this will be updated as changes occur with relevant legislation.

Fact Sheets

In accordance with the Board's commitment to providing education and information to members of the public about issues related to mental illness and the operations of the Board, the following Fact Sheets have been developed and are available for your reference.

Member Appointments and Reappointments

An extensive selection process was undertaken between February and June 2008 in advance of the expiry of the terms of 40 members on 30 September 2008.

After a highly competitive selection process, 32 members were reappointed for 5 year terms commencing on 1 October 2008 and 18 new members were appointed on 10 June 2008, all for 5 year terms except one psychiatrist member who was appointed until 1 May 2009.

From 30 September 2008, when 8 members retire, the Board will have a total membership of 96..

Mental Health (Amendment) Act 2003

The Mental Health (Amendment) Act 2003 (“the Act”) was given Royal Assent on 21 October 2003. Except for Part 2, the Act came into operation on 22 October 2003.

Part 2 (amendments relating to involuntary patients) comes into operation on 6 December 2004. If a provision in Part 2 does not come into operation before 1 January 2005, it comes into operation on that day.

The purpose of the Act is to:

Clarify and improve the operation of the provisions for involuntary patients and the making of community treatment orders (“CTOs”);
Clarify and improve the operation of confidentiality provisions;
Make miscellaneous amendments; and
Amend the Coroners Act 1985 to ensure that the death of a patient who is not held in care is a reportable death.

For further information on the Mental Health (Amendment) Act 2003, please refer to the legislation section of the website."

Changes at the Board

As a result of the amendments to commence on 6 December 2004, the Board has several new decision making powers to;
review each patient's Treatment Plan, and

order the authorised psychiatrist to place an inpatient on a Community Treatment Order.

The Board will issue a new practice direction and Report on Involuntary Status to give affect to these changes.

Whats New Archives

Report on Involuntary Status for Mental Health Review Board (Version 1.0, March 2003)

The Whistleblowers Protection Act 2001 became law in Victoria on 1 January 2002.....

New Era Commences: On 5 September 2000, John Lesser was appointed for five years as President ...

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