From principles to practice: Clarifying new obligations under Victoria's Mental Health and Wellbeing Act 2022.

OBJECTIVE: To explain the new test for complying with the mental health principles under the Mental Health and Wellbeing Act 2022 (Vic). CONCLUSION: The principles carry over limitations from the previous Mental Health Act 2014 (Vic) while also containing new features. The 'all reasonable efforts to comply' and 'proper consideration' tests resemble the existing test under section 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) that also apply to public mental health services. Taking these duties together, public mental health services, including hospital and community mental health boards, clinical directors and clinical governance processes, will need to show concrete evidence of specific rights and/or principles being deliberated in their decisions.

The importance of motivational postures to mental health regulators: Lessons for Victoria's mental health system in reducing the use of force.

OBJECTIVE: To consider whether research into "motivational postures" can assist the Victorian Government and the forthcoming Mental Health and Wellbeing Commission to regulate and implement forthcoming mental health laws. CONCLUSION: Although no research explicitly uses a motivational postures framework, there is evidence of a diverse set of postures amongst the mental health workforce. Some practitioners and disciplines reflect positive motivational postures towards mental health laws and consumer rights, while others show resistance, and others disengagement altogether. More research explicitly built on motivational postures is required to inform appropriate regulatory responses.

Examining the workplace rights of mental health consumer workers.

Objective To identify what legal workplace protections are available for the mental health consumer workforce in Australia. Methods Review the available common law and legislative protections to identify the general workforce rights and employer responsibilities in Australia. Results Consumer workforce members enjoy protections under employment law, anti-discrimination law, tort law and work health and safety law. Conclusions Consumer workforce members would benefit from understanding and exercising their rights, whereas employers should have better regard to their obligations under common law and legislation. However, further empirical research is needed to assess whether these legislative and policy frameworks sufficiently protect the rights of consumer workers.

Consumers' experiences of rights-based mental health laws: Lessons from Victoria, Australia.

Many countries embarked on reforms of mental health law in the wake of the Convention on the Rights of Persons with Disabilities. These reforms have had varying levels of success. This paper considers the experience of consumers in the Victorian mental health system, drawing on an evaluation that asked consumers and clinicians about their knowledge and experience of rights under the Victorian Mental Health Act, 2014. The data show that consumers were not informed of their rights, were not involved in decisions about treatment, were not able to access safeguards, and could not exercise their rights. The explanations for this include limited staff time, unclear delegations of responsibility, a lack of knowledge, training, and support for rights, and a preference for 'best interests' approaches. The paper identifies tangible reforms that would maintain rights for consumers, including competent refusal of treatment, legislative and regulatory reforms, and training and resourcing. Consumers in this study found that the rights-based framework in the Mental Health Act, 2014 had such an insignificant effect on clinical mental health practice in Victoria that their rights appeared to be illusory.