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.
Second psychiatric opinions can help people to learn more about their mental illness, treatment and possible alternative treatments. A second psychiatric opinion may provide people with some additional information to support their participation in treatment decisions.
The Second Psychiatric Opinion Service has been established to provide independent second psychiatric opinions to ‘eligible patients’ under the Mental Health and Wellbeing Act 2022, in circumstances when a second opinion via other means is not available or feasible.