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This is a Bill, not an Act. For current law, see the Acts databases.
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of the Mental Health and Wellbeing Act 2022 3
3 Definitions 3
4 Authorised psychiatrist must examine eligible patient (other
than forensic patient) again in specified circumstances 5
5 Authorised psychiatrist must review eligible patient's treatment
in specified circumstances 6
6 Application to Mental Health Tribunal for course of
electroconvulsive treatment--person who is an adult and not a
patient 6
7 Application to Mental Health Tribunal for course of
electroconvulsive treatment--young patient 6
8 Application to Mental Health Tribunal for course of
electroconvulsive treatment--young person who is not a patient 7
9 Matters to be considered if authorising restrictive intervention 7
10 Facilities and supplies to be provided to person subject to
restrictive intervention 7
11 Treatment order--hearing to determine community to inpatient
variation 7
12 Health led response principle 7
13 Taking a person into care and control in a mental health crisis 8
14 Transfer of care and control for the purposes of arranging an
examination 8
15 Accepting care and control of a person at a designated mental
health service or place 8
16 Information to be provided by an authorised person on taking
person into care and control 8
17 Functions of the Health Secretary 8
18 Functions of the Chief Officer 8
19 Establishment of regional mental health and wellbeing boards 9
20 Delegation 9
21 New sections 419A, 419B and 419C inserted 9
22 Reports to the Parliament 11
i
Clause Page
23 Decision whether or not to deal with complaint 11
24 Notification of complaint resolution process 11
25 Deferral of notification by the Mental Health and Wellbeing
Commission 11
26 New Division 6 of Part 9.2 inserted 12
27 Mental Health and Wellbeing Commission may collect
information 13
28 Notification requirements for leave of absence 13
29 New section 547A inserted 13
30 Notification requirements for monitored leave 13
31 New section 576A inserted 14
32 Application to Mental Health Tribunal for intensive monitored
supervision order 14
33 Mental Health Tribunal powers in respect of applications under
this Chapter 14
34 Review of use of intensive monitored supervision 15
35 Information to be given to transferring patient 15
36 Other entities to be notified of making of transfer order 15
37 Primary non-legal mental health advocacy service provider to
be notified of transfer order 15
38 Constitution of Institute Board 15
39 Centre to enter into agreement with designated mental health
service and academic institution 15
40 Directors 15
41 Strategic plan 16
42 Functions of the Youth Mental Health and Wellbeing Board 16
43 Declared operators 16
44 Disclosure, collection and use of information principle 16
45 Disclosure at key points of care 16
46 Collection, use and disclosure of personal or health information
with specified service providers 16
47 Temporary treatment orders 17
48 Treatment orders 17
49 Consequential amendments 18
Part 3--Amendment of the Judicial Proceedings Reports Act 1958 21
50 Restriction on publication of reports of judicial proceedings 21
51 Prohibition of reporting of names 21
52 Offence to contravene victim privacy order or interim victim
privacy order 21
Part 4--Repeal of this Act 22
53 Repeal of this Act 22
═════════════
Endnotes 23
1 General information 23
ii
Mental Health and Wellbeing
Amendment Act 2023
No. of 2023
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to make minor amendments to the Mental
Health and Wellbeing Act 2022; and
(b) to make consequential amendments to the
Judicial Proceedings Reports Act 1958.
1
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 1--Preliminary
2 Commencement
(1) This Act (other than Part 3) comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Part 3 comes into operation on 1 September 2023.
2
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
Part 2--Amendment of the Mental Health
and Wellbeing Act 2022
3 Definitions
(1) In section 3(1) of the Mental Health and
Wellbeing Act 2022, in the definition of
designated mental health service, paragraph (g) is
repealed.
(2) In section 3(1) of the Mental Health and
Wellbeing Act 2022, for the definition of mental
health and wellbeing service substitute--
"mental health and wellbeing service means--
(a) a service performed for the primary
purpose of--
(i) improving or supporting a
person's mental health and
wellbeing; or
(ii) assessing, or providing treatment,
care or support to, a person for
mental illness or psychological
distress; or
(iii) providing care or support to a
person who is a family member,
carer, or supporter, of a person
with mental illness or
psychological distress; or
(b) a service, or a service belonging to a
class of service, that is prescribed to be
a mental health and wellbeing
service--
but does not include--
(c) a non-legal mental health advocacy
service; or
3
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(d) a service, or a service belonging to a
class of service, that is prescribed not to
be a mental health and wellbeing
service;".
(3) In section 3(1) of the Mental Health and
Wellbeing Act 2022, for the definition of mental
health and wellbeing service provider
substitute--
"mental health and wellbeing service provider
means an entity (other than an individual)
that--
(a) receives funding from--
(i) the State for the primary purpose
of providing mental health and
wellbeing services; or
(ii) another entity (other than an
individual), being funding that--
(A) was received by the other
entity from the State for the
primary purpose of providing
mental health and wellbeing
services; and
(B) is provided to the entity for a
purpose that is consistent
with the funding
arrangement or agreement
between the State and the
other entity; and
(b) employs or engages a mental health and
wellbeing professional in connection
with providing the mental health and
wellbeing services--
4
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
but does not include--
(c) an entity, or an entity belonging to a
class of entity, that is prescribed not to
be a mental health and wellbeing
service provider;".
(4) In section 3(1) of the Mental Health and
Wellbeing Act 2022 insert the following
definitions--
"parent, in relation to a person under the age of
18 years, includes the following--
(a) a person who has custody or daily care
and control of the person;
(b) a person who has all of the duties,
powers, responsibilities and authority
(whether conferred by a court or
otherwise) which by law parents have
in relation to their children;
(c) any other person who has the legal right
to make decisions about medical
treatment of the person;
transfer order means--
(a) an interstate transfer order; or
(b) an interstate transfer of treatment
order--
as the case may be;".
4 Authorised psychiatrist must examine eligible
patient (other than forensic patient) again in
specified circumstances
(1) In section 73(3)(b) of the Mental Health and
Wellbeing Act 2022, for "10 days" substitute
"10 business days".
5
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(2) In section 73(4) of the Mental Health and
Wellbeing Act 2022, for "10 days" substitute
"10 business days".
5 Authorised psychiatrist must review eligible
patient's treatment in specified circumstances
(1) In section 74(4)(b) of the Mental Health and
Wellbeing Act 2022, for "10 days" substitute
"10 business days".
(2) In section 74(5) of the Mental Health and
Wellbeing Act 2022, for "10 days" substitute
"10 business days".
6 Application to Mental Health Tribunal for course of
electroconvulsive treatment--person who is an adult
and not a patient
For section 104(2)(a) of the Mental Health and
Wellbeing Act 2022 substitute--
"(a) the person's views and preferences regarding
electroconvulsive treatment, and any
beneficial alternative treatment that is
reasonably available, and the reasons for
those views and preferences, including any
recovery outcomes the person would like to
achieve;".
7 Application to Mental Health Tribunal for course of
electroconvulsive treatment--young patient
For section 109(2)(a) of the Mental Health and
Wellbeing Act 2022 substitute--
"(a) the young patient's views and preferences
regarding electroconvulsive treatment, and
any beneficial alternative treatment that is
reasonably available, and the reasons for
those views and preferences, including any
recovery outcomes the young patient would
like to achieve;".
6
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
8 Application to Mental Health Tribunal for course of
electroconvulsive treatment--young person who is
not a patient
For section 114(2)(a) of the Mental Health and
Wellbeing Act 2022 substitute--
"(a) the young person's views and preferences
regarding electroconvulsive treatment, and
any beneficial alternative treatment that is
reasonably available, and the reasons for
those views and preferences, including any
recovery outcomes the young person would
like to achieve;".
9 Matters to be considered if authorising restrictive
intervention
In section 131(1)(a) of the Mental Health and
Wellbeing Act 2022 omit "relevant".
10 Facilities and supplies to be provided to person
subject to restrictive intervention
In section 136(2)(a) of the Mental Health and
Wellbeing Act 2022 omit "relevant".
11 Treatment order--hearing to determine community
to inpatient variation
In section 204(3)(b)(ii) of the Mental Health and
Wellbeing Act 2022, for "could" substitute
"can".
12 Health led response principle
In section 228(b) of the Mental Health and
Wellbeing Act 2022, after "authorised health
professional, is" insert "so far as is reasonably
practicable in the circumstances".
7
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No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
13 Taking a person into care and control in a mental
health crisis
In section 232(1) of the Mental Health and
Wellbeing Act 2022 omit ", a registered
paramedic employed by an ambulance service as
defined in section 3(1) of the Ambulance
Services Act 1986".
14 Transfer of care and control for the purposes of
arranging an examination
In section 235(1) of the Mental Health and
Wellbeing Act 2022, for "another authorised
person" substitute "a police officer, a protective
services officer or a member of a prescribed class
of authorised health professional".
15 Accepting care and control of a person at a
designated mental health service or place
In section 244(1) of the Mental Health and
Wellbeing Act 2022, for "243(a)" substitute
"243".
16 Information to be provided by an authorised person
on taking person into care and control
In section 252(2) of the Mental Health and
Wellbeing Act 2022, for "If" substitute
"In addition, if".
17 Functions of the Health Secretary
In section 254(t) of the Mental Health and
Wellbeing Act 2022, for "and wellbeing"
substitute "advocacy".
18 Functions of the Chief Officer
In section 261(1)(s) of the Mental Health and
Wellbeing Act 2022, for "and wellbeing"
substitute "advocacy".
8
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
19 Establishment of regional mental health and
wellbeing boards
In section 305(2)(a) of the Mental Health and
Wellbeing Act 2022, for "2023" substitute
"2024".
20 Delegation
(1) After section 417(a) of the Mental Health and
Wellbeing Act 2022 insert--
"(ab) the Chief Executive Officer of the Mental
Health and Wellbeing Commission
employed under section 419;".
(2) For section 417(b) of the Mental Health and
Wellbeing Act 2022 substitute--
"(b) an employee referred to in section 418(1) or
a person engaged by the Commission under
section 418(2);".
(3) After section 417(b) of the Mental Health and
Wellbeing Act 2022 insert--
"(c) any staff of a Department or a public sector
body in respect of whom the Mental Health
and Wellbeing Commission has entered into
an agreement under section 418(3).".
21 New sections 419A, 419B and 419C inserted
After section 419 of the Mental Health and
Wellbeing Act 2022 insert--
"419A Meetings of the Mental Health and
Wellbeing Commission
(1) The Chair of the Mental Health and
Wellbeing Commission may convene as
many meetings of the Mental Health and
Wellbeing Commission as the Chair
considers necessary for the efficient conduct
of the Commission's affairs.
9
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(2) The Chair of the Mental Health and
Wellbeing Commission must preside at a
meeting of the Commission.
(3) The quorum for a meeting of the
Commission is 3 Mental Health and
Wellbeing Commissioners.
(4) A question arising at a meeting of the Mental
Health and Wellbeing Commission
(including a question related to setting the
strategic direction of the Mental Health and
Wellbeing Commission) is determined by a
majority of votes of the Mental Health and
Wellbeing Commissioners present and
voting at the meeting.
(5) The person presiding at a meeting has a
deliberative vote and, in the event of an
equality of votes on any question, a second
or casting vote.
419B General procedure
Subject to this Chapter, the Mental Health
and Wellbeing Commission may regulate its
own procedure.
419C Validity of acts or decisions
An act or a decision of the Mental Health
and Wellbeing Commission is not invalid
only because of--
(a) a vacancy in the office of Mental
Health and Wellbeing Commissioner,
including a vacancy arising from the
failure to appoint a Mental Health and
Wellbeing Commissioner; or
(b) a defect or irregularity in, or in
connection with, the appointment of a
Mental Health and Wellbeing
Commissioner.".
10
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
22 Reports to the Parliament
After section 428(5) of the Mental Health and
Wellbeing Act 2022 insert--
"(6) A copy of a report that is given to the clerk
of a House of the Parliament under
subsection (4)(b) is taken to have been
published by order, or under the authority, of
that House.".
23 Decision whether or not to deal with complaint
In section 446(2)(b) of the Mental Health and
Wellbeing Act 2022, for "439(2)(b)" substitute
"441(2)(b)".
24 Notification of complaint resolution process
In section 452(1)(c) of the Mental Health and
Wellbeing Act 2022--
(a) in subparagraph (iv), for "464" substitute
"455";
(b) in subparagraph (v)--
(i) for "462(3)" substitute "462(4)";
(ii) for "464(1)" substitute "463(1)".
25 Deferral of notification by the Mental Health and
Wellbeing Commission
In section 470(4) of the Mental Health and
Wellbeing Act 2022, in paragraph (a) in the
definition of relevant action, for "497" substitute
"496".
11
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
26 New Division 6 of Part 9.2 inserted
After Division 5 of Part 9.2 of the Mental Health
and Wellbeing Act 2022 insert--
"Division 6--Judicial Proceedings
Reports Act 1958
474A Disclosure of information in the
performance of functions not prevented
by sections 3 and 4(1A) of Judicial
Proceedings Reports Act 1958
Sections 3 and 4(1A) of the Judicial
Proceedings Reports Act 1958 do not
prevent the disclosure of information
(including identifying information) by the
Mental Health and Wellbeing Commission to
the following in the performance of a
function under this Part--
(a) the Health Complaints Commissioner
within the meaning of the Health
Complaints Act 2016;
(b) the Australian Health Practitioner
Regulation Agency.
474B Disclosure of information in the
performance of functions not prevented
by orders under Part 3 of Judicial
Proceedings Reports Act 1958
A victim privacy order or an interim victim
privacy order made under Part 3 of the
Judicial Proceedings Reports Act 1958
does not apply to or prevent a disclosure of
information (including identifying
information) by the Mental Health and
Wellbeing Commission to the following in
the performance of a function under this
Part--
12
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(a) the Health Complaints Commissioner
within the meaning of the Health
Complaints Act 2016;
(b) the Australian Health Practitioner
Regulation Agency.".
27 Mental Health and Wellbeing Commission may
collect information
In section 525(1) of the Mental Health and
Wellbeing Act 2022, for "415(1)(h)" substitute
"415(h)".
28 Notification requirements for leave of absence
(1) In section 547(2)(b)(vi) of the Mental Health and
Wellbeing Act 2022, for "Secretary; and"
substitute "Secretary.".
(2) Section 547(2)(c) of the Mental Health and
Wellbeing Act 2022 is repealed.
29 New section 547A inserted
After section 547 of the Mental Health and
Wellbeing Act 2022 insert--
"547A Authorised psychiatrist may arrange for
security patient who is absent without
leave to be transported to a designated
mental health service
An authorised psychiatrist may arrange for a
security patient who is absent without leave
from a designated mental health service to be
transported to a designated mental health
service.".
30 Notification requirements for monitored leave
(1) In section 554(2)(b)(v) of the Mental Health and
Wellbeing Act 2022, for "order; and" substitute
"order.".
13
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(2) Section 554(2)(c) of the Mental Health and
Wellbeing Act 2022 is repealed.
31 New section 576A inserted
After section 576 of the Mental Health and
Wellbeing Act 2022 insert--
"576A Authorised psychiatrist may arrange for
forensic patient who is absent without
leave to be transported to a designated
mental health service
An authorised psychiatrist may arrange for a
forensic patient who is absent without leave
from a designated mental health service to be
transported to a designated mental health
service.".
32 Application to Mental Health Tribunal for intensive
monitored supervision order
In section 581(3) of the Mental Health and
Wellbeing Act 2022--
(a) omit "and hearing date";
(b) for "authorised psychiatrist is notified"
substitute "application is made".
33 Mental Health Tribunal powers in respect of
applications under this Chapter
In section 582(2) of the Mental Health and
Wellbeing Act 2022, for paragraphs (a) and (b)
substitute--
"(a) grant the application and make an intensive
monitored supervision order in respect of the
patient; or
(b) refuse the application.".
14
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
34 Review of use of intensive monitored supervision
In section 590(2)(c) of the Mental Health and
Wellbeing Act 2022, after "advocate" insert
"acting in accordance with any instructions given
to the advocate by the patient".
35 Information to be given to transferring patient
In section 603 of the Mental Health and
Wellbeing Act 2022 omit "under this Part".
36 Other entities to be notified of making of transfer
order
In section 604 of the Mental Health and
Wellbeing Act 2022 omit "under this Part".
37 Primary non-legal mental health advocacy service
provider to be notified of transfer order
Section 605 of the Mental Health and Wellbeing
Act 2022 is repealed.
38 Constitution of Institute Board
In section 618(c) of the Mental Health and
Wellbeing Act 2022, for "7" substitute "8".
39 Centre to enter into agreement with designated
mental health service and academic institution
In section 646(1) of the Mental Health and
Wellbeing Act 2022, for "another" substitute "a".
40 Directors
(1) In section 659(1)(a)(ii) of the Mental Health and
Wellbeing Act 2022, for "as a practitioner"
substitute "in the field of mental health".
(2) Section 659(4) of the Mental Health and
Wellbeing Act 2022 is repealed.
15
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
41 Strategic plan
In section 667(3) of the Mental Health and
Wellbeing Act 2022, for "Minster" substitute
"Minister".
42 Functions of the Youth Mental Health and
Wellbeing Board
(1) Section 681(a)(iv) of the Mental Health and
Wellbeing Act 2022 is repealed.
(2) After section 681(a) of the Mental Health and
Wellbeing Act 2022 insert--
"(ab) to advise on education of the youth mental
health and wellbeing workforce through
practice improvement, training and
professional development programs; and".
43 Declared operators
In section 704(2)(a) of the Mental Health and
Wellbeing Act 2022, for "(b), (c), (d), (e) or (f)"
substitute "(a), (b), (c), (d) or (e)".
44 Disclosure, collection and use of information
principle
In the note at the foot of section 722 of the
Mental Health and Wellbeing Act 2022, after
"family violence" insert "or other serious harm".
45 Disclosure at key points of care
In section 731(1) of the Mental Health and
Wellbeing Act 2022, after "mental health" insert
"and".
46 Collection, use and disclosure of personal or health
information with specified service providers
(1) In the heading to section 733 of the Mental
Health and Wellbeing Act 2022 omit
"with specified service providers".
16
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(2) In section 733(1) and (2) of the Mental Health
and Wellbeing Act 2022, for "collect, use and
disclose" substitute "collect and use and
disclose".
(3) In section 733(1), (2) and (4) of the Mental
Health and Wellbeing Act 2022, for "with"
substitute "to".
47 Temporary treatment orders
In section 781 of the Mental Health and
Wellbeing Act 2022, after "in force" insert
"for the period specified in the Order".
48 Treatment orders
(1) In section 782 of the Mental Health and
Wellbeing Act 2022, after "in force" insert
"for the period specified in the Order".
(2) At the end of section 782 of the Mental Health
and Wellbeing Act 2022 insert--
"(2) Despite subsection (1), if the period specified
in the Treatment Order is more than
6 months, the Mental Health Tribunal--
(a) in confirming the treatment order under
section 204, must reduce the period as
the Tribunal considers appropriate so
that it is not more than 6 months; or
(b) in confirming the treatment order and
determining that the order is an
inpatient order under section 207, must
reduce the period as the Tribunal
considers appropriate so that it is not
more than 6 months.".
17
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
49 Consequential amendments
(1) In section 786 of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner" substitute
"Wellbeing Commission".
(2) In section 798 of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner" substitute
"Wellbeing Commission".
(3) In section 803 of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner appointed under
section 420" substitute "Wellbeing Commission
established by section 411".
(4) In section 804 of the Mental Health and
Wellbeing Act 2022, for "Wellbeing
Commissioner appointed under section 420"
substitute "Wellbeing Commission established by
section 411".
(5) In section 810 of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner appointed under
section 420" substitute "Wellbeing Commission
established by section 411".
(6) In section 818 of the Mental Health and
Wellbeing Act 2022, for "the Mental Health and
Wellbeing Act 2022" substitute "section 221,
Part 5.3 and sections 547A and 576A of the
Mental Health and Wellbeing Act 2022".
(7) In section 821(1) of the Mental Health and
Wellbeing Act 2022--
(a) in the proposed definition of Mental Health
and Wellbeing Commissioner in
section 3(1) of the Disability Act 2006, for
"Commissioner" substitute "Commission";
18
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
(b) for "Wellbeing Commissioner appointed
under section 420" substitute
"Wellbeing Commission established by
section 411".
(8) In section 821(2) of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner" substitute
"Wellbeing Commission".
(9) In section 822(1)(a) of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner appointed under
section 420" substitute "Wellbeing Commission
established by section 411".
(10) In section 822(1)(b) of the Mental Health and
Wellbeing Act 2022, in the proposed definition of
Mental Health and Wellbeing Commissioner in
section 3(1) of the Disability Safeguards
Act 2018, for "Commissioner" substitute
"Commission".
(11) In section 822(2) of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner" substitute
"Wellbeing Commission".
(12) In section 822(3) of the Mental Health and
Wellbeing Act 2022, for
"Wellbeing Commissioner" substitute
"Wellbeing Commission".
(13) In section 831 of the Mental Health and
Wellbeing Act 2022, in proposed section 32(2A)
of the Health Records Act 2001, for "services"
substitute "service".
(14) In section 866 of the Mental Health and
Wellbeing Act 2022, in proposed section
200(1)(g)(iii) of the Serious Offenders Act 2018,
for "Commissioner appointed under section 420"
19
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 2--Amendment of the Mental Health and Wellbeing Act 2022
substitute "Commission established by
section 411".
(15) In section 867 of the Mental Health and
Wellbeing Act 2022, in proposed section
224(4)(b)(xiii) of the Serious Offenders
Act 2018, for "Commissioner appointed under
section 420" substitute "Commission established
by section 411".
20
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 3--Amendment of the Judicial Proceedings Reports Act 1958
Part 3--Amendment of the Judicial
Proceedings Reports Act 1958
50 Restriction on publication of reports of judicial
proceedings
At the foot of section 3 of the Judicial
Proceedings Reports Act 1958 insert--
"Note
Other Acts may provide that this section does not prevent
certain disclosures of information. For example, see
Division 6 of Part 9.2 of the Mental Health and Wellbeing
Act 2022.".
51 Prohibition of reporting of names
At the foot of section 4(1A) of the Judicial
Proceedings Reports Act 1958 insert--
"Note
Other Acts may provide that this subsection does not
prevent certain disclosures of information. For example, see
Division 6 of Part 9.2 of the Mental Health and Wellbeing
Act 2022.".
52 Offence to contravene victim privacy order or
interim victim privacy order
At the foot of section 4Q of the Judicial
Proceedings Reports Act 1958 insert--
"Note
Other Acts may provide that this section does not prevent
certain disclosures of information. For example, see
Division 6 of Part 9.2 of the Mental Health and Wellbeing
Act 2022.".
21
Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Part 4--Repeal of this Act
Part 4--Repeal of this Act
53 Repeal of this Act
This Act is repealed on 1 September 2024.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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Mental Health and Wellbeing Amendment Act 2023
No. of 2023
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to make
minor amendments to the Mental Health and Wellbeing Act 2022, to
make consequential amendments to the Judicial Proceedings Reports
Act 1958 and for other purposes."
By Authority. Government Printer for the State of Victoria.
23
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