Laws about mental illness in Victoria
There are laws about:
- what mental illness is
- how people can receive mental health treatment, particularly if they are being treated against their will
- the rights of people receiving a mental health treatment.
Mental illness
Mental illness is defined under the Mental Health and Wellbeing Act 2022 as a medical condition where a person’s thought, mood, perception or memory is significantly disturbed.
Some examples are:
- depression
- schizophrenia
- anxiety disorders.
You are not mentally ill just because you:
- express or don't express your political, religious, philosophical or sexual beliefs, preferences, gender identity or sexual orientation
- are involved in or don't get involved in a particular political or religious activity
- are involved in sexual, immoral or illegal conduct
- have an intellectual disability
- behave in an anti-social way
- have a particular economic or social status
- belong to a particular cultural or racial group
- are or have previously been involved in family conflict
- have previously been treated for mental illness
- use drugs or alcohol (however, if your mind or body is seriously affected by you taking drugs or alcohol this could be taken as a sign that you are mentally ill, whether the effect is permanent or temporary).
Being diagnosed with a mental illness
Only a doctor can decide whether they believe you have a mental illness. They can only make this decision after a proper assessment.
Voluntary or compulsory treatment
You can receive treatment as a voluntary patient or compulsory patient:
- A voluntary patient can be admitted to hospital, but is free to leave whenever they want.
- A compulsory patient is a person who has been assessed by a psychiatrist and put on a compulsory treatment order. They can receive treatment against their wishes while they are in the community or as an inpatient in hospital.
Read about the types of compulsory treatment orders, and the criteria that must be followed, before someone can be placed on an order.
Rights of people receiving treatment for mental illness
There are a number of laws that protect the rights of people being compulsorily treated for mental illness.
This includes rights to:
- privacy
- confidentiality
- other human rights.
The intent of the The Mental Health and Wellbeing Act 2022 is ‘recovery orientated’. This means that the aim of the Act is to support people to recover, including giving them clear rights to make decisions about their own treatment.
Read about:
- laws that protect the rights of people receiving compulsory treatment
- ways that you can have some control over your treatment.
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