Draft Mental Health and Wellbeing Bill

Have your say on the draft Mental Health and Wellbeing Bill, which will replace the Mental Health Act 2009

A new Mental Health and Wellbeing Bill has been drafted to replace the Mental Health Act 2009. The Office of the Chief Psychiatrist is conducting further consultation to ensure the Bill reflects feedback gathered during earlier public consultations.

Get involved:

Background

The South Australian Law Reform Institute (SALRI) was engaged to conduct an independent review of the Mental Health Act 2009. Its final report, tabled in Parliament on 2 May 2023, included 61 recommendations.

After the report was tabled, the Office of the Chief Psychiatrist undertook further consultation to explore key issues. This included a discussion paper that was open for public feedback on YourSAy from 10 November 2023 to 12 January 2024. The consultation process was supported by online sessions and targeted engagement with key stakeholder groups. In addition, the SA Lived Experience Leadership and Advocacy Network (LELAN) ran dedicated sessions with individuals and groups who have lived experience of mental health services.

A supplementary discussion paper focused on changes to help prevent incidents and respond to mental health emergencies, was open for feedback on YourSAy from 18 December 2024 to 7 February 2025. This process also included online sessions and targeted discussions, and LELAN was again involved to make sure lived experience voices were heard.

Next steps

Feedback on these issues will help finalise the draft Mental Health and Wellbeing Bill, which will replace the Mental Health Act 2009. The new legislation will then need to be approved by Cabinet and passed by both houses of Parliament.

Have your say on the draft Mental Health and Wellbeing Bill, which will replace the Mental Health Act 2009

A new Mental Health and Wellbeing Bill has been drafted to replace the Mental Health Act 2009. The Office of the Chief Psychiatrist is conducting further consultation to ensure the Bill reflects feedback gathered during earlier public consultations.

Get involved:

Background

The South Australian Law Reform Institute (SALRI) was engaged to conduct an independent review of the Mental Health Act 2009. Its final report, tabled in Parliament on 2 May 2023, included 61 recommendations.

After the report was tabled, the Office of the Chief Psychiatrist undertook further consultation to explore key issues. This included a discussion paper that was open for public feedback on YourSAy from 10 November 2023 to 12 January 2024. The consultation process was supported by online sessions and targeted engagement with key stakeholder groups. In addition, the SA Lived Experience Leadership and Advocacy Network (LELAN) ran dedicated sessions with individuals and groups who have lived experience of mental health services.

A supplementary discussion paper focused on changes to help prevent incidents and respond to mental health emergencies, was open for feedback on YourSAy from 18 December 2024 to 7 February 2025. This process also included online sessions and targeted discussions, and LELAN was again involved to make sure lived experience voices were heard.

Next steps

Feedback on these issues will help finalise the draft Mental Health and Wellbeing Bill, which will replace the Mental Health Act 2009. The new legislation will then need to be approved by Cabinet and passed by both houses of Parliament.

  • Consultation Survey

    We are seeking feedback from members of the public to help shape the Mental Health and Wellbeing Bill.

    The survey questions are designed to guide your responses. Answering all questions is not mandatory, you can provide feedback on the areas that matter most to you.

    Thank you for taking the time to share your invaluable input.

    Take Survey
Page last updated: 23 Dec 2025, 02:12 PM