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Mental health and disability

Learn what the law says about mental health issues and disabilities, and your rights when it comes to police involvement, treatment and discrimination.

Mental health laws in Victoria changed on 1 September 2023. You can read more about these important changes on the Department of Health websiteExternal Link .

Mental health and your rights

Information about voluntary and compulsory treatment and your rights if you are receiving mental health and wellbeing services in Victoria.

Having control over your treatment

How you can have some control over your treatment if you make an advanced statement that sets out your treatment preferences or nominate a person to help represent your interests.

Rights of people receiving compulsory treatment

The Mental Health and Wellbeing Act 2022 explains the rights of people receiving mental health and wellbeing services, including mental health treatment.

Compulsory treatment orders

If you have a mental illness, and need treatment for your health and safety or the safety of others, you may receive treatment under a compulsory treatment order.

Electroconvulsive treatment

There are rules about when electroconvulsive treatment (ECT), a medical procedure to induce a seizure within the brain to reduce some of the symptoms of mental illness, can be given.

Going to the Mental Health Tribunal

Information about the role of the Mental Health Tribunal and what to do if you disagree with a tribunal decision.

When police are called because of your mental health condition

Information about action the police, protective services officers or other authorised persons, may take if you appear to be mentally ill and are at risk of hurting yourself or someone else.

What happens at the police station if you have a cognitive disability

If you have a cognitive disability, including an intellectual disability, acquired brain injury or dementia, the police must get an Independent Third Party to be with you while you are interviewed.

Disability Support Pension

A disability support pension (DSP) is a payment from Centrelink for people that have a medical condition that stops them from working. Find out if you can apply for a DSP.

Insurance discrimination – your rights if you have a mental health condition

Learn why it is against the law for insurance companies to discriminate against you if you have a mental health condition.

Other support for mental health and disability

Learn where to get legal help and other support for mental health and disability.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 31 August 2023

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