The Mental Health Act 2014 (the Act) provides the legislative framework for the assessment of people who appear to have a mental illness, and the treatment of those experiencing mental illness. It aims to protect people’s rights and dignity, and place them at the centre of their treatment and care. 

The MHCC was established under the Act as an independent specialist statutory body. We are an important part of the safeguard and oversight mechanisms that were introduced to ensure people's rights are protected and the mental health principles are upheld.

The Act introduced a number of initiatives and protections aimed at promoting and supporting recovery-oriented practice and facilitating strong communication between mental health services and consumers, families and carers. These include:

  • establishing a supported decision making model to enable people to make or participate in decisions about their assessment, treatment and recovery and have their views and preferences considered and respected
  • promoting voluntary treatment wherever possible, and minimising the duration of compulsory treatment 
  • establishing safeguard, oversight and service improvement mechanisms to ensure rights are protected and the mental health principles are upheld.

Read more about the MHCC’s functions under the Act here.