Review of the Mental Health Act 2009

Consultation has concluded

We want to hear from you about your experiences in using, accessing and dealing with the Mental Health Act 2009 (SA) and about ways in which the law and practice can be improved.

Download the Mental Health Act Review Video Script.

What's being decided?

The Mental Health Act 2009 (SA) (MHA) must be reviewed every 5 years. The South Australian Law Reform Institute (SALRI) has been requested by the State Government to review the MHA. As part of this review, SALRI will consult with relevant parties such as experts, persons with lived experience of mental illness, carers and interested groups.

We want to know about your experience with the MHA, and if there are any improvements that could be made to law and/or practice. We've put together a series of fact sheets which include questions to help prompt your feedback.

Based on its research and consultation, SALRI will make recommendations to the State Government, who with the State Parliament, decide whether to reform the law.

Background

SALRI is an independent non-partisan law reform body based at the Adelaide University Law School that conducts inquiries into areas of law. SALRI identifies law reform options that would modernise the law, resolve issues with the law, remove unnecessary laws, or, where desirable, adopt an approach from other States and Territories.

To do this, SALRI looks at how the law works, conducts research and consults widely with the community, interested parties and experts. Based on its research and consultation, SALRI makes recommendations to the State Government – who, with the State Parliament, decide whether to reform the law.

See Fact Sheet 1 – Background Information in the Fact Sheets section for further information.

Get involved

Find out more:

  • Read the fact sheets in the Fact Sheets section, which include our consultation questions
  • Take a look at our FAQs

Have your say by:

  • contributing to the open forum
  • taking our survey
  • sending a written submission via email to: salri_mha@adelaide.edu.au
  • posting a written submission to: The South Australian Law Reform Institute, University of Adelaide, Ligertwood Building, Adelaide, South Australia, 5005

SALRI will also be holding roundtable discussions with experts and interested parties (such as consumers, carers and organisations).

What are the next steps?

SALRI will consider your experiences and views when preparing our Final Report of the independent review of the MHA. This is expected to be released by the end of February 2023. As part of this review, SALRI will also be:

  • Recommending appropriate changes to the current law which promote human rights and best practices.
  • Considering the findings of the Royal Commission into Victoria’s Mental Health System.
  • Considering the meaning and practice of decision-making capacity.
  • Considering whether changes to the legislation could improve access to mental health services.
  • Determining the effectiveness of establishing the role of Mental Health Commissioners under the MHA.
  • Addressing any other relevant issues raised by the Office of the Chief Psychiatrist.

According to the scope of this review, SALRI will not be looking at the provision or delivery of mental health services. SALRI acknowledges that there are very real issues and needs in this area. However, SALRI cannot look at issues beyond the scope of the review.

We want to hear from you about your experiences in using, accessing and dealing with the Mental Health Act 2009 (SA) and about ways in which the law and practice can be improved.

Download the Mental Health Act Review Video Script.

What's being decided?

The Mental Health Act 2009 (SA) (MHA) must be reviewed every 5 years. The South Australian Law Reform Institute (SALRI) has been requested by the State Government to review the MHA. As part of this review, SALRI will consult with relevant parties such as experts, persons with lived experience of mental illness, carers and interested groups.

We want to know about your experience with the MHA, and if there are any improvements that could be made to law and/or practice. We've put together a series of fact sheets which include questions to help prompt your feedback.

Based on its research and consultation, SALRI will make recommendations to the State Government, who with the State Parliament, decide whether to reform the law.

Background

SALRI is an independent non-partisan law reform body based at the Adelaide University Law School that conducts inquiries into areas of law. SALRI identifies law reform options that would modernise the law, resolve issues with the law, remove unnecessary laws, or, where desirable, adopt an approach from other States and Territories.

To do this, SALRI looks at how the law works, conducts research and consults widely with the community, interested parties and experts. Based on its research and consultation, SALRI makes recommendations to the State Government – who, with the State Parliament, decide whether to reform the law.

See Fact Sheet 1 – Background Information in the Fact Sheets section for further information.

Get involved

Find out more:

  • Read the fact sheets in the Fact Sheets section, which include our consultation questions
  • Take a look at our FAQs

Have your say by:

  • contributing to the open forum
  • taking our survey
  • sending a written submission via email to: salri_mha@adelaide.edu.au
  • posting a written submission to: The South Australian Law Reform Institute, University of Adelaide, Ligertwood Building, Adelaide, South Australia, 5005

SALRI will also be holding roundtable discussions with experts and interested parties (such as consumers, carers and organisations).

What are the next steps?

SALRI will consider your experiences and views when preparing our Final Report of the independent review of the MHA. This is expected to be released by the end of February 2023. As part of this review, SALRI will also be:

  • Recommending appropriate changes to the current law which promote human rights and best practices.
  • Considering the findings of the Royal Commission into Victoria’s Mental Health System.
  • Considering the meaning and practice of decision-making capacity.
  • Considering whether changes to the legislation could improve access to mental health services.
  • Determining the effectiveness of establishing the role of Mental Health Commissioners under the MHA.
  • Addressing any other relevant issues raised by the Office of the Chief Psychiatrist.

According to the scope of this review, SALRI will not be looking at the provision or delivery of mental health services. SALRI acknowledges that there are very real issues and needs in this area. However, SALRI cannot look at issues beyond the scope of the review.