Statutory Review of the Mental Health Act (2014)
Background
The Mental Health Act 2014 (the Act) provides for the treatment, care, support and protection of people who have a mental illness; the protection of the rights of people who have a mental illness; and the recognition of the role of families and carers in providing the best possible care and support to people who have a mental illness, in the least restrictive environment.
Under section 587 of the Act, the Minister for Mental Health is required to undertake a review of the operation and effectiveness of the Act as soon as it is practicable five years after the commencement (the Act came into operation on 30 November 2015).
As the agency principally responsible for assisting the Minister in administering the Act, the Mental Health Commission (Commission) was tasked with conducting the Review. The Review was delayed due to the COVID-19 emergency, however it formally commenced in 2021 and concluded in early 2024. A Steering Group was established to oversee and guide the Statutory Review process.
Objectives
The objectives of the Statutory Review were to:
- identify elements of the Act that work well;
- identify opportunities where the Act could be improved; and
- make recommendations to the Minister and Parliament.
Report on the Statutory Review of the Mental Health Act 2014
The Minister tabled the Report on the Statutory Review of the Mental Health Act 2014 and Government Response in Parliament on 16 April 2024 (Review Report). The Review Report made 54 recommendations for legislative amendment that aim to improve the operation and effectiveness of the Act. All 54 recommendations for legislative amendment were accepted in principle by the State Government.
Find out more about the Review Report.
The Review Report was informed by comprehensive stakeholder consultation undertaken during the Statutory Review process.
The Review Report also highlights non-legislative measures for system improvement, including ensuring culturally secure approaches to treatment and care, and enhancing education and training. These improvements will play an important role in supporting the ongoing application of the Act and the proposed amendments.
Next Steps
The Commission will commence planning for the development of legislation to make the amendments.
Some additional consultation will be required to respond to one recommendation made in the Review Report, which called for further consideration about whether reasonable force should be authorised in specified situations. The Commission will also coordinate the planning for operational changes required by amended provisions of the Act.
Review process
The Review took a mixed-methods approach which included:
Public submissions
The Commission undertook a six-month public comment period, supported by the release of a Discussion Paper, which opened on 13 August 2021 and closed on 31 January 2022.
The Discussion Paper outlined a series of issues and proposed amendments that had been raised with the Commission since the Act came into effect in November 2015. Public comment was invited on the previously proposed amendments and issues, as well as any other part of the Act.
The Commission heard from people who:
- received treatment under the Act;
- supported someone who received treatment under the Act;
- worked in the mental health sector, including as a clinician, advocate or volunteer;
- had feedback about the operation and effectiveness of the Act.
Community grants process
The Commission coordinated a community grants process, through which organisations received grants from the Commission for the purpose of conducting engagement sessions with consumers, carers and families across Western Australia.
Desktop review
The Statutory Review considered a range of publicly available information and documents relevant to the operation and effectiveness of the Act. This included a review of mental health legislation in comparable jurisdictions, along with any recently published statutory reviews or relevant Royal Commission reports in those jurisdictions.
Literature reviews
Informed by the consultation process, the Commission and Steering Group identified four key themes which required further investigation to inform the Statutory Review. The Commission engaged researchers who completed the following literature reviews on these key themes:
Statutory Review of the Mental Health Act 2014: Literature Review of Advance Health Directives
Authors: Assoc. Professor Meredith Blake, Ms Eleni Kannis
Protection of Rights in Mental Health Law
Authors: Associate Professor Chris Maylea, Dr Piers Gooding, Ms Vrinda Edan
Authors: Richard Gray, Nompilo Moyo, Lisa Brophy, Chris Maylea, Tessa-May Zirnsak
Supported Decision Making in Mental Health: A Literature Review
Author: Consumers of Mental Health WA
Please note that these reports were independently undertaken by the authors. Therefore, the content has contributed to the wider Statutory Review process, however, does not necessarily reflect the views or position of the WA Government or the Commission.
Complex issues workshops
Workshops were undertaken between August and September 2022 to further investigate several complex issues identified through the Review Process.
The workshops included a diverse range of government and non-government stakeholders, including people with lived experience and those who administer and work within the Act’s legislative framework.