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Gain an introductory knowledge to the Mental Health Act 2014 (Vic) & its administration: The Mental Health Act 2014 (Vic) is the key legislation covering treatment of people with mental illness and replaces the Mental Health Act 1986 (Vic). It provides a legislative scheme for the assessment and treatment of people with mental illness within the public health system, including prescribed hospitals and public health services under the Health Services Act 1988 (Vic). Understand the core principles & objectives of the Mental Health Act 2014 (Vic) - what do nurses need to know? Our services no longer have a custodial focus and the provision of care for clients in mental health services reflect a least restrictive way of care possible, promoting recovery and the best possible therapeutic outcomes and participation and support in decision-making. The Act promotes a strong therapeutic relationship between clients, the client's family and clinicians. Objectives:  assessment and treatment are provided in the least intrusive and restrictive way  people are supported to make and participate in decisions about their assessment, treatment and recovery  individuals’ rights, dignity and autonomy are protected and promoted at all times  priority is given to holistic care and support options that are responsive to individual needs  the well-being and safety of children and young people are protected and prioritised  carers are recognised and supported in decisions about treatment and care Develop an understanding of the administration of the MH Act 2014 (Vic): Identify key legal, ethical and professional principles guiding mental health care: Understand and apply the concepts of consent, capacity, nominated persons & advanced health care statements in the field of mental health - (you may have covered these principles in your legal course in Year 1 - but - the information is here for you to review): Capacity: A person has capacity to give informed consent if the person:  understands the information he or she is given  is able to remember the information  is able to use or weigh information  is able to communicate the decision he or she makes Nominated persons: A client can nominate a person to receive information and to provide them with support in the event they become unwell and require compulsory mental health treatment. Understand and apply criteria and process for admission to hospital as an involuntary client under an assessment order and compulsory treatment order:

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Section 351 of the Mental Health Act 2014 sets out the powers of a police officer to apprehend a person who appears to have mental illness & where the person needs to be apprehended to prevent serious and imminent harm to the person or any other person.  Clients are brought to an authorised mental health assessment unit (usually the emergency department in a local hospital). - The client is then assessed by a mental health clinician in the emergency department - The clinician will endeavour to undertake an assessment using MSE etc however, some clients are so unwell, that this may not be possible - As a result of the clinicians assessment, a client may require admission to the mental health unit. A client must meet the following criteria (Section 29) of the Mental Health Act 2014 for involuntary admission to hospital.  the person appears to have a mental illness (mental illness is a medical condition that is characterised by a significant disturbance of thought, mood,perception or memory); and  because the person appears to have mental illness, the person appears to need immediate treatment to prevent: - serious deterioration in the person's mental or physical health - serious harm to the person or to another person; and  if the person is made subject to an Assessment Order, the person can be assessed; and  there is no less restrictive means reasonable available to enable the person to be assessed (e.g. in the community at home) Compulsory Treatment order: There are three types of compulsory treatment orders:  assessment orders – made by a registered medical practitioner or a doctor to allow an authorised psychiatrist to examine the client  temporary treatment orders – made by an authorised psychiatrist for a maximum of 28 days  treatment orders – made by the Mental Health Tribunal. Treatment orders can only be made if a client is already on a temporary treatment order. Translate MH Act theory to practice conundrum in a subsequent active learning session

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Who sits in the tribunal: The Tribunal sits in divisions of three members. There are two types of divisions, a general division and a special division. General divisions can hear and determine all matters (hearings) within the jurisdiction of the Tribunal with the exception of applications concerning electroconvulsive treatment (ECT) or neurosurgery for mental illness (NMI). Special divisions can hear any type of application (hearings), including those for ECT or NMI. A general division of the Tribunal consists of a legal member (who acts as the presiding member), a psychiatrist member or a registered medical practitioner member and a community member. A special division of the Tribunal consists of a legal member (who acts as the presiding member), a psychiatrist member and a community member.

Meanings: Paternalism: limiting a person's or group's liberty or autonomy which is intended to promote their own good. Dis-empowerment: to prevent a person from having authority Autonomy: The right of patients to make decisions about their medical care without their health care provider trying to influence the decision. Informed decision making: the patient and at least one health practitioner who has provided information to the patient to assist making an informed decision in relation to their health care. Partnership: A nonspecific term for a relationship which strives for balance, equality and mutual respect, and in which information, power and responsibility are shared by two or more actual or legal persons. Capacity: the ability to use and understand information to make a decision, and communicate any decision made. Concept of consent: the individual's right to agree to, or refuse, medical treatment is upheld. Competence: having sufficient, capacity, ability or authority Advanced health care director: it gives you a greater say in your future healthcare, such as healthcare you would like to receive for a mental illness. An advance health directive applies at a future time if you become unwell and are unable to make decisions about your healthcare. Duty of care: legal and moral responsibility to keep your clients safe from harm whilst they are using a service.

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Least restrictive environment: mentally ill and mentally disordered people should receive the care and treatment they require in the ‘least restrictive environment consistent with their safe and effective care.

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