More consumers than ever have access to mental health support and advocacy

The Independent Mental Health Advocacy (IMHA) Report on opt-out register and non-legal advocacy service provides critical data from the first 12 months of a new model giving people on compulsory treatment orders the choice of receiving tailored information and support to better understand their rights.

This is our first report analysing data from the start of the ‘opt-out’ model, which includes the number of consumers placed on compulsory orders and/or subject to restrictive practices, demographics of consumers and the types of notifications IMHA receives.

Read the report

‘It is encouraging to see this shift towards greater access to independent advocacy, promoting and protecting people’s rights and assisting them to have as much say as possible about their assessment, treatment and recovery,’ said IMHA Associate Director Helen Makregiorgos.

‘Our role supporting consumers across the state gives us a unique view into compulsory treatment and opportunities for improvement, particularly around understanding of supported decision-making, delays in notifications that impact on when consumers access our services and addressing the over-representation of First Nations people subject to compulsory treatment.

‘We hope this data will inform ongoing reform as we continue the journey to transform our mental health and wellbeing system into one that centres rights, supported decision-making and recovery, where people have access to the supports they want and compulsory treatment is genuinely used as a last resort.’

What is opt-out?

Under the opt-out model which began in September 2023, every person receiving compulsory treatment in Victoria is automatically connected to IMHA and offered support so they can have as much say as possible about their assessment, treatment and recovery.

IMHA is notified whenever someone is placed on a compulsory treatment order and at various points of an order. This can include when someone is placed on a temporary treatment order, or they are transferred from one designated mental health service to another.

We then contact them offering support, unless they’ve already ‘opted out’.

Our dedicated IMHA advocates help consumers speak up about their views, preferences and concerns while navigating the processes around compulsory orders, including where restrictive practices are used, like seclusion and chemical restraint.

IMHA also can also provide crucial links to legal supports or other vital health and community services.

The opt-out model was introduced through the Mental Health and Wellbeing Act 2022 (Vic) and was a key recommendation of the Royal Commission into Victoria’s Mental Health System in 2021, funded by the Victorian Government.

Report findings

Between 1 September 2023 and 31 August 2024, IMHA received 50,412 automated notifications for 10,934 consumers subject to compulsory mental health treatment and restrictive practices in Victoria.

For the first time, broad consumer demographics are also available, showing for example 5.15 per cent of consumers identified as Aboriginal or Aboriginal and Torres Strait Islander, indicating an over-representation of First Nations people in restrictive practices and compulsory treatment in the state.

Also, while most consumers (7605) were between 30 and 64 years of age, 281 consumers were 17 and under.

The opt-out model has greatly increased access to IMHA’s services, with IMHA delivering 47,815 high intensity and 54,833 low intensity services in the first 12 months of operation, compared to the 2022/2023 financial year of 16,725 high intensity and 23,045 low intensity services delivered.

High intensity services include advocacy on behalf of a consumer or coaching a consumer to advocate for themselves.

Low intensity services include providing information and referrals to other services.

There has also been an increase in access to legal assistance since the start of opt-out, with IMHA referring more often to legal services, and with specialist lawyers at the Victorian Aboriginal Legal Service, Mental Health Legal Centre and Victoria Legal Aid representing more consumers at the Mental Health Tribunal.

Media enquiries

Please contact Senior Communications Advisor Crys Ja on crys.ja@vla.vic.gov.au or 0457 483 780.