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