Mental health law

This section aims to keep mental health lawyers and advocates informed of developments relating to the new Mental Health Act 2014.

We also have information to help people with a mental illness understand the new Act. See Mental health and your rights.

Introduction to the Mental Health Act

This section will introduce you to the key elements of the new Mental Health Act and how the changes may affect your clients living with mental illness.

Read more about the Mental Health Act.

Assessment and treatment orders

For a person to be subjected to compulsory treatment for mental illness, whether in the community or as an inpatient in a public hospital, certain processes must be followed and criteria met.

Read more about assessment and treatment orders.

Rights of people receiving treatment for mental illness

The Mental Health Act sets out particular rights and treatment principles for people who are being assessed for compulsory treatment and who may be placed on compulsory treatment orders. These have major implications for advocates working with people subject to compulsory treatment.

Read more about how you can help support patient rights.

Mental health law updates

Subscribe to Mind the Act to be notified of updates to this section and keep informed about new legal resources, case studies, practice tips, best practice insights, reports, news and events. You can also follow us on Twitter.

Mental health law practice guide and case database

We have developed a practice guide and database of mental health law cases to assist lawyers undertaking this important work.

About us

Victoria Legal Aid has a specialist mental health law practice that is committed to ensuring that people with mental health issues are afforded fair and humane treatment under the law.

Our lawyers provides mental health services across the state and appear at hundreds of Mental Health Tribunal hearings a year.