Mental Health Royal Commission

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Royal Commission into Victoria's Mental Health System
Logo of the royal commission
LocationVictoria, Australia
Also known asMental Health Royal Commission
Commissioners
Inquiry period22 February 2019 (2019-02-22) – 3 February 2021 (2021-02-03)
Constituting instrumentInquiries Act 2014 (Vic)
Websitercvmhs.vic.gov.au

The Royal Commission into Victoria's Mental Health System, more widely known as the Mental Health Royal Commission, is a royal commission in Victoria, Australia. It was established on 22 February 2019 to investigate deficiencies in the state's mental health system and the broader prevalence of mental illnesses and suicides in the state. The commission published and delivered its interim report to the Governor on 27 November 2019 and tabled in Parliament on the same day. The Commission delivered its final report on 3 February 2021 and it was tabled on 2 March 2021 during a special sitting of the Legislative Assembly at the Royal Exhibition Building in Melbourne.

Findings[edit]

Among the themes from the commission's findings were that:

  • demand had overtaken capacity within the system, with under-investment being a significant cause
  • there was an over-reliance on bed-based care, with an under-investment in community-based services
  • care was often too medicalised, meaning therapeutic and lived experience-led approaches were under-utilised
  • the system was difficult to navigate, limiting people's opportunities to direct their own care
  • mental health services routinely breached people's human rights through the use of seclusion and restraint, and by failing to comply with duties under mental health legislation
  • the system had routinely overlooked the perspectives of people with lived experience, including consumers, peer workers and peer groups that have developed alternatives to the current system
  • families, carers and supporters routinely had their needs ignored by a system, having impacts on their lives
  • trauma was not addressed by the system, and the use of coercion and the failure to provide holistic care were themselves a cause of trauma
  • services were often not equitably or responsively provided to people outside mainstream communities, meaning culturally and linguistically diverse, LGBTIQ+, disabled and other communities often received less access or worse standards of care
  • mainstream services were not culturally safe to Aboriginal Victorians, compounding disadvantage already caused by colonisation and government policies.[1]

These findings informed the development of a suite of recommendations in the Interim and Final Report.

Recommendations[edit]

The Royal Commission's final report includes 65 recommendations in addition to the nine interim report recommendations.

The recommendations set out a 10-year vision for a future mental health system in Victoria where people can access treatment close to their homes and in their communities. Importantly, people with lived experience of mental illness or psychological distress will be central to the design and delivery of this new mental health and wellbeing system being implemented as a result of this Royal Commission.

The Royal Commission's recommendations are grouped around four key features of the future mental health and wellbeing system:

1) A responsive and integrated system with community at its heart

2) A system attuned to promoting inclusion and addressing inequities

3) Re-established public confidence through prioritisation and collaboration

4) Contemporary and adaptable services.

The Government of Victoria has committed to implementing all recommendations, establishing Mental Health Reform Victoria for this purpose. In July 2021, its staff and functions moved to the new Mental Health and Wellbeing Division within the Department of Health (Victoria).

The 2021-22 Victorian State Budget responded to the recommendations of the Royal Commission into Victoria's Mental Health System, with the Victorian Government announcing a record $3.8 billion investment in mental health and wellbeing.

Among the recommendations was the development of a new Lived Experience Agency to support innovation in the mental health sector.

A new Mental Health and Wellbeing Act for Victoria[edit]

The Royal Commission found that implementation of the Mental Health Act 2014 (Vic) had not lived up to expectation. Originally, that legislation was lauded as making Victoria a "leader" in mental health reform in Australia.[2] The Royal Commission's interim report concluded that the least restrictive means possible were not being used by mental health services. The final report found that because mental health services do not routinely record whether and how they seek informed consent to treatment, it is 'unclear to what extent authorised psychiatrists consider these provisions before administering treatment.'[3]

Other issues identified in the final report were regarding quality and safety as well as oversight processes to give effect to legal obligations. The final report spoke to evidence that:

'it is difficult to see what actions are being taken to hold services to account for quality and safety or human rights failings. Transparency about these activities allows consumers and their advocates to engage in a more meaningful way with the various oversight and improvement arrangements, and hold those charged with these functions to—in turn—be held to account. In contrast, the lack of information about how the Department of Health, the Chief Psychiatrist and other bodies are responding to quality and safety concerns can leave consumers feeling disempowered and distrustful.'[3]

As part of its recommendations, the Royal Commission recommended the repeal of the current Mental Health Act 2014 and enactment of a new Mental Health and Wellbeing Act for the state of Victoria.

This new Act aimed to:

  • promote good mental health and wellbeing for all people in Victoria
  • reset the legislative foundations for the mental health and wellbeing system
  • support the delivery of services that are responsive to the needs and preferences of Victorians
  • put the views, preferences and values of people living with mental illness or psychological distress, families, carers and supporters at the forefront of service design and delivery.

The Royal Commission has recommended that the new Mental Health and Wellbeing Act be passed no later than mid-2022.

The Department of Health ran public engagement to help with the drafting of the Mental Health and Wellbeing Bill from June to August 2021. The department will work with consumers, families, carers, supporters, workers and providers to develop guidelines, regulations and processes to support the new Act once it has been passed by the Victorian Parliament. The new Act also provided for the replacement of the previous Mental Health Complaints Commissioner that had been criticised for under-enforcement of human rights.[4] However, the new Mental Health and Wellbeing Commission has also been criticised for similar issues[5] and for a lack of transparency.[6]

References and further reading[edit]

  1. ^ Royal Commission into Victoria's Mental Health System (2021). "Royal Commission into Victoria's Mental Health System - Final Report Summary and Recommendations" (PDF).
  2. ^ Cannold, Leslie (28 February 2014). "Victoria a true leader in mental health reform".
  3. ^ a b Royal Commission into Victoria's Mental Health System (2021). "Royal Commission into Victoria's Mental Health System (Volume 4): The fundamentals for enduring reform" (PDF).
  4. ^ Ore, Adeshola; Davey, Melissa (25 May 2022). "No action taken against Victorian mental health services despite more than 12,000 complaints". The Guardian. ISSN 0261-3077. Retrieved 3 March 2024.
  5. ^ Rooney, Kieran (7 December 2023). "More than 16,000 mental health complaints, but watchdog yet to bite". The Age. Retrieved 3 March 2024.
  6. ^ Ore, Adeshola (12 July 2023). "Victoria's mental health watchdog criticised after fighting release of secret recommendations". The Guardian. ISSN 0261-3077. Retrieved 3 March 2024.

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