Week 2 notes

Week 2: Mental Health and Wellbeing Act 2022 & Key Reforms Following the Royal Commission

Learning Objectives

  1. Understanding Legislative Frameworks:

    • Explain key provisions of the Mental Health Act.

    • Understand the role of Royal Commissions in shaping mental health policy.

  2. Application in Paramedic Practice:

    • Learn to apply the Mental Health Act in paramedic practice.

    • Recognize mental health crises and legal responsibilities under the Act.

  3. Role of Royal Commissions in Public Health:

    • Understand purpose and impact of Royal Commissions regarding mental health services and reforms.

  4. Interprofessional Collaboration and Advocacy:

    • Develop skills in collaboration and advocacy among healthcare professionals to implement recommendations from Royal Commissions.

Mental Health and Wellbeing Act

Objectives
  • Promote Mental Health and Wellbeing:

    • Reduce the incidence and impact of mental illness.

  • Ensure Access to Services:

    • Provide timely and fair access to mental health services.

  • Protect Rights and Dignity:

    • Safeguard dignity of individuals receiving mental health services.

  • Promote Collaboration and Integration:

    • Encourage collaboration across various sectors and services.

Principles
  • Respect for Individual Autonomy:

    • Support for individuals to make decisions related to their own mental health.

  • Non-Discrimination and Equality:

    • Ensure no discrimination in mental health services based on race, gender, age, disability, etc.

  • Person-Centered Approach:

    • Consider holistic needs of individuals including social, cultural, and physical health.

  • Least Restrictive Intervention:

    • Employ the least restrictive means necessary for therapeutic outcomes.

  • Participation and Inclusion:

    • Actively involve individuals in their treatment decisions.

Definition of Mental Illness
  • Defined as a condition characterized by significant disturbance in thought, mood, perception, or memory.

  • Must impair judgment or behavior substantially, impacting mental functioning and daily activity.

Royal Commissions

Definition
  • A Royal Commission is a high-level, independent inquiry by the government to investigate complex issues of public concern.

Examples of Royal Commissions in Australia
  • Royal Commission into Misconduct in Banking, Superannuation, and Financial Services Industry (2017–2019).

  • Royal Commission into Aged Care Quality and Safety (2018–2021).

  • Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disability (2019–present).

Key Findings from the Royal Commission
  • Identified systemic failures in mental health services.

  • Highlighted issues of access and equity.

  • Noted fragmented service provision and an overburdened workforce.

  • Emphasized need for early intervention and support for diverse communities.

  • Critiqued poor outcomes and lack of governance and accountability.

System Objectives

  • Community-Centric:

    • Ensure accessible treatment and support closer to home.

  • Good Mental Health Environment:

    • Consider factors in places where individuals live, work, and learn.

  • Service Adaptation to Need Levels:

    • Improve coordination among services to meet varying mental health needs.

  • Support Victorians:

    • Create a responsive and inclusive mental health system.

Priority Areas for Mental Health Act 2022
  • Establishing new system foundations and leadership.

  • Investing in workforce development and infrastructure.

  • Supporting ongoing service research and innovation.

  • Ensuring sustainable funding for community support.

Recommendations Following Royal Commission

  • Establishment of a New Mental Health and Wellbeing Act.

  • Creation and expansion of a New Mental Health System, including workforce investment and enhancement of diverse community support.

  • Focus on early intervention and prevention strategies.

  • Improvement of governance and accountability in mental health services.

  • Lived Experience Integration into mental health practices and policies.

Treatment Orders

  • A Treatment Order allows compulsory treatment of individuals within the community or facility settings.

Assessment Orders

Criteria for Assessment Orders
  • A person appears to have mental illness requiring immediate treatment to prevent deterioration in health or harm.

  • Assessment Order Authority:

    • Can be issued by registered medical or mental health practitioners.

    • Establishes an obligation for the assessment.

Understanding 'Section'

  • Authority to transport individuals experiencing mental health crises.

Key Components
  • Criteria for Transport:

    • Assess and document necessary actions in collaboration with other services.

    • Use of force considerations, always respecting individual rights.

Practical Implications for Paramedics

  • Emphasis on training and assessment skills for effective documentation and collaboration.

Key Differences Between Sections S351 and S232

  • Primary Authority: Distinctions between apprehension and transport.

  • Criteria Focus: Emphasis on the circumstances surrounding care and transport.

  • Collaboration Requirements: Engagement with other services to ensure holistic support.

Search & Seizure.

Authority to Search
  • Must be accompanied by police if searching for items posing danger.

Scope of Search
  • Includes personal effects and clothing for removing harmful items.

Seizure Protocol
  • Seizure of weapons, sharp objects, or other items identified as risky.

  • Ensure proper documentation on the handling of these items.

Conditions and Limitations
  • Must involve police presence and respect for individual rights.

  • Thorough documentation of the search circumstances.

Authorisation and Guidelines for Paramedics

  • The Mental Health and Wellbeing Act provides paramedics with specific powers:

    • Taking individuals under care due to mental illness.

    • Proper consideration of mental health principles must guide the exercise of these powers, aiming for the least restrictive intervention possible.

Definitions and Implications
  • Mental illness, as defined herein, greatly influences the operational protocols for upper-tier mental health interventions.

Additional Notes

Mental Health CPG - MAC Paper
  • Addresses risk assessment and the limitations placed on age for intervention strategies.

Conclusion

  • This comprehensive overview provides vital understanding and outlines the responsibilities of paramedics under the Mental Health and Wellbeing Act 2022, drawing connections to effective practice, inter-professional collaboration, and ongoing reforms based on Royal Commission findings.