Mental Health and Wellbeing Act 2022

This page provides general information and should not be considered as legal advice. Seek legal advice if you're unsure about your legal rights. Be aware that the law can change.

From 1 September 2023, the Mental Health and Wellbeing Act 2022 will replace the Mental Health Act 2014 and Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021. Most of the law under the Mental Health Act 2014 will remain with some changes. 

Cases we can hear

The Mental Health and Wellbeing Commission may issue a compliance notice to a mental health and wellbeing service provider. The Commission gives the notice if it believes the provider has not followed an undertaking or if there was a breach in the Act or regulations. A person or mental health and disability service provider can apply for a review at VCAT if their interests are affected by a compliance notice. 

A declared operator may apply to VCAT for a review of a decision by the Minister to recommend the appointment of an administrator. 

Legislation that gives VCAT the power to hear these applications

Sections 503 and 712 of the Mental Health and Wellbeing Act 2022

Documents you need to apply

If you have a decision document, use it to help you complete the VCAT application form and attach a copy of the document to your application.

Time limits

You must apply for a review of a decision to give a compliance notice within 20 business days of its issue.

You must apply for a review of the Minister’s decision to appoint an administrator within 28 days of:

• the decision being made; or
• if you requested a statement of reasons under the Victorian Civil and Administrative Tribunal Act, the date the statement of reasons was given to you or were informed that a statement of reasons would not be given.

If you apply outside of the time limit, VCAT may extend the time for making an application. You must ask for an extension of time by indicating this on the ‘extension of time’ question of the application form and briefly explaining why your application was late.

VCAT will ask the decision maker if they agree to any extension. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant an extension.

What can VCAT order?

VCAT can:

• affirm the decision under review, in which case that decision will stand
• vary the decision
• set aside the decision and substitute our own decision
• set aside the decision and send back the matter for reconsideration by the decision maker giving directions or recommendations
• invite the decision maker to reconsider their decision at any time during the case.

Putting the decision under review on hold

In most cases, applying for a review does not put the original decision on hold and that decision stands until VCAT makes its decision. 

If you want the original decision put on hold, you must ask for this by ticking the ‘stay’ box on the application form and briefly explaining why you are seeking a stay. 

It may not be possible to put the decision on hold if there would be no practical effect in doing so. 

VCAT will ask the decision maker if they agree to any stay. If the decision maker does not agree, VCAT may hold a preliminary hearing before deciding whether to grant a stay.

Apply

We can explain the application process and what the form is asking you for. Contact us to get support.

We can't give you legal advice. This means we can't tell you what to write in your application or recommend how to get the outcome you want.

Seek legal help if you're unsure about your options or need advice about your claim.

Do I need a lawyer or professional representative?

You don't need to have legal or other professional representation to appear at VCAT. If you want to be represented by a lawyer or a professional advocate, usually you must ask for VCAT's permission.

Be aware that the regulatory body in most cases uses legal representation.

Find legal services that may be able to assist you.

Access and privacy

VCAT hearings and files are usually public.

VCAT has limited authority to restrict who can access cases and files but, in certain circumstances, you can apply for confidentiality.