Submissions
VEOHRC Submission to the Mental Health Act Review
The Commission has made a submission to the review of the Mental Health Act 1986.
This review is a unique opportunity to address serious human rights issues in mental health treatment and care. The Commission argues that a new Act, based squarely on a human rights principles, contained in the Charterand in the International Convention on the Rights of People with Disabilitywill result in mental health law and practice that leads in its vision; its legal coherence and in its humanity.
The submission sets out the human rights principles upon which the new Act should be based. These include: taking measures to promote the autonomy of the person subject to involuntary treatment and ensuring that the treatment is subject to strict safeguards. They also include ensuring the general right to be free from medical treatment without consent is limited in the least restrictive manner, and ensuring that the treatment is subject to timely, regular and independent review. The specific rights of children and young people, older people, Indigenous peoples and those from culturally and linguistically diverse communities are also considered in the submission.
Download a copy of the submission:
