In specific instances and where there is not a less restrictive way to receive treatment, a person may receive compulsory treatment under the Mental Health and Wellbeing Act.

A person may receive compulsory treatment under the Victorian Mental Health and Wellbeing Act 2022 if:

  • A mental health professional or an authorised psychiatrist (usually the consultant psychiatrist) believe specific criteria apply, and
  • There is not a less restrictive way for the person to receive treatment

The Act promotes voluntary treatment in preference to compulsory treatment wherever possible and seeks to minimise the use and duration of compulsory assessment and treatment to ensure that the assessment and treatment is provided in the least restrictive manner possible.

Links & documents

Compulsory assessment and treatment
Regulation of compulsory assessment and mental health treatment in Victoria
Independent Mental Health Advocacy (IMHA): Self-help tool
An online self-help tool to help people understand their options when receiving compulsory treatment. The tool helps people to learn about their rights and find solutions to some of the most common issues in the mental health system
Last updated 01 September 2023