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.
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 Information
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