What law applies to me?

• The mental health law that applies to you will depend on where you live in Australia.
• Some of the most important law are:

• Mental Health Act 2014 (Vic);
• Mental Health Regulations 2014 (Vic);
• Mental Health Tribunal Rules 2014 (Vic);
• Mental Health Act 2007 (NSW);
• Mental Health Regulations 2013 (NSW);
• Mental Health Act 2009 (SA) with changes expected following a 2014 review;
• Mental Health Regulations 2010 (SA);
• Mental Health Act 2000 (Qld);
• Mental Health Regulations 2002 (Qld);
• Mental Health Review Tribunal Rules 2009 (Qld);
• Mental Health Act 1996 (WA) with changes due to be implemented under the Mental Health Bill 2013 (WA) which was passed on 16 October 2014. There will be a 12 month transition period before the Bill becomes operational;
• Mental Health Regulations 1997 (WA);
• Mental Health and Related Services Act 2014 (NT);
• Mental Health (Treatment and Care) Act 1994 (ACT) which is soon to be amended under the Mental Health (Treatment and Care) Amendment Act 2014 (ACT);
• Mental Health (Treatment and Care) Regulation 2003 (ACT); and
• Mental Health Act 2013 (Tas).

• Mental health is currently an active area of the law with reviews being undertaken and changes to legislation being brought in.
• For example Victoria has recently introduced new mental health care legislation (written law). This is the Mental Health Act 2014 (Vic). It covers the law concerning compulsory mental health treatment and assessment in Victoria.
• There are provisions relating to supported decision making when you are mentally unwell, how compulsory treatment can be given, safeguards to protect the rights of patients and new provisions dealing with young people and electroconvulsive treatment among other things.
• You can find more about the Mental Health Act 2014 (Vic) at http://www.health.vic.gov.au/mentalhealth/index.htm.
• If you need more specific information about which legislation applies in your situation you can use our free and anonymous Ask a Lawyer service.