Mental Health Act 2014

The Mental Health Act 2014 commenced on 1 July 2014. This legislation regulates when compulsory treatment can be used and establishes safeguards to ensure that the rights, privacy, dignity and self-respect of a person with a mental illness are protected.

The legislation includes four key themes:

Recovery framework

Presumption of capacity, advocates, advance statements, nominated persons, recognition of the role of families and carers.

Compulsory treatment

New criteria for compulsory assessment and treatment, new Compulsory Treatment Orders, Mental Health Tribunal (MHT) to make treatment Orders, orders of shorter duration to protect adults and young people.


Independent hearings and determinations by the Mental Health Tribunal (MHT), MHT authorises Electroconvulsive treatment (ECT), greater regulation of restrictive interventions and second Psychiatric opinion.

Oversight and service improvement

New role for the Chief Psychiatrist, establishes a Mental Health Complaints Commissioner, community visitors, introduces codes of practice and clarifies information sharing and disclosure.

Mental Health Act Enquiry Line: 1300 656 692


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