The Victorian Mental Health Act 2014 provided a new legislative framework to promote recovery-oriented practice, reduce compulsory treatment, and safeguard the rights and dignity of people with mental illness.

Advance Statements and Nominated Persons were two mechanisms within this new framework.

Nominated Person Form

A nominated person provides support and helps protect a consumer’s interests. They can assist the consumer to exercise their rights and can help represent the patient’s views and preferences about their treatment and recovery to the treating team. A nominated person will be given information and consulted at key points in the patient’s treatment and recovery.

This includes events like a consumer being placed on a Temporary Treatment Order when there is a Mental Health Tribunal hearing. The Mental Health Tribunal has to have regard to a consumer’s Advance Statement when determining whether or not to make a Treatment Order or order ECT.

Nominated Person Form

Advance Statement

An Advance Statement is written by a person wishing to express what treatment they would like if they become unwell and require compulsory mental health treatment.

The Advanced Statement is a tool to define a consumer’s treatment preferences in emergency circumstances. The Statement is not legally binding and can be overruled by clinical or psychiatric staff.

Advance Statement Form