Embedding our existing human rights laws into Victoria’s mental health system is long overdue and holds great promise
Even within the parameters of compulsory mental health treatment, there exist safeguards designed to protect people’s rights and involve them in their treatment decisions.
“But we don’t have rights.” It’s something I heard regularly as an advocate working in Victoria’s mental health system. I’d tell people their rights under mental health law, and they’d tell me I was wrong. We’d tell their psychiatrist and a room full of clinicians about their legal obligations and they would ignore them.that revealed breaches of mental health laws were so common as to render people’s rights.
The introduction of Victoria’s mental health and wellbeing bill to state parliament on Wednesday represents a step in this direction. Replacing the previous MentalAct, the bill creates new principles to inform care such as protection of rights, and introduces changes to how people can communicate their needs in advance.
But despite a commitment to eliminate seclusion and restraint within 10 years, they remain in force and largely unchanged in this legislation. After resistance from the
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