Amendments and Statutory Review of the Mental Health Act (2014)
The Mental Health Commission is responsible for the ongoing monitoring and evaluation of the Mental Health Act 2014 (the Act) and the Mental Health Regulations 2015.
Mental Health Act (2014) Amendments
Following an extensive implementation program, the Act commenced on 30 November 2015. Since that time, the MHC has been in consultation with key stakeholders regarding the workability of the Act. Given the length and complexity of the Act, it was expected that there would be some issues raised that would be best addressed by way of legislative amendment rather than by an operational response. Key agencies consulted include the Department of Health, health service providers, the Chief Psychiatrist, the Mental Health Tribunal and the Mental Health Advocacy Service.
Review of Mental Health Act - 2018
The Mental Health Commission completed a Post-Implementation Review (PIR) of the Act in March 2018.
The PIR focused on whether the Objects, set out in Part 3 of the Act, are being achieved. In undertaking the PIR, the Commission consulted with a wide range of stakeholders, including government and non-government agencies, peak bodies, advisory groups, mental health clinicians and staff and organisations representing consumers, families and carers. An online survey was also released to obtain direct feedback from consumers, families and carers regarding the experiences of consumers and personal support persons under the Act.
The PIR identified many positive outcomes regarding achievements towards the Objects of the Act, while a number of issues and areas for improvement and development were also identified. Two consistent themes emerged regarding future improvements which may assist further in achieving the Objects. These are training and education for those working within mental health services, both around compliance with and in relation to the ‘spirit’ of the Act, and improved data collation and reporting.
The PIR lists 48 recommendations to enhance the effectiveness of the Act in meeting its Objects and identifying opportunities for improvement. The recommendations address a range of operational, administrative, educational and legislative issues. A copy of the PIR is available here.
Compliance letter from the Better Regulation Unit, Department of Treasury
Mental Health Act (2014) Statutory Review - 2021/2022
The Mental Health Commission is undertaking a Statutory Review of the Mental Health Act (2014).
The statutory review is an opportunity to help make the Mental Health Act better for Western Australians. Consumers.
Family Members/Carers and Mental Health workers are encouraged to share their experiences, opinions and suggestions on how the Act can be improved to better support the people being treated under its provisions.
Find out more about the Statutory Review here.