Key insights

The Act sets out:

1. The rights of persons living with mental illness or psychological distress, including the mental health and wellbeing principles.
2. Measures to reduce coercion such as advance statements, appointing a nominated support person, obtaining a second psychiatric opinion and giving informed consent to treatment where a person has decision-making capacity.
3. The powers of clinicians and the Mental Health Review Tribunal to make orders for compulsory assessments and treatments and the civil commitment criteria. 
4. Special provisions further restricting the use of the most invasive treatments such as electroconvulsive therapy (ECT) and psychosurgery.
5. Strictly regulated powers to use restrictive practices including seclusion, physical and mechanical restraint and chemical restraint.
6. The creation of a number of oversight bodies such as the Chief Psychiatrist, Mental Health and Wellbeing Commission and the Victorian Collaborative Centre for Mental Health and Wellbeing.