Back to top

Mental Health Act 2016

Contemporary mental health legislation is the cornerstone of an effective mental health system. The Commission influenced the new Mental Health Act 2016 through its reform submissions and recommendations.

Many of the Commission’s recommendations were included in the new Mental Health Act 2016.

Our reform agenda focused on a recovery-oriented, least restrictive approach that respects and protects the human rights of people receiving treatment for mental illness. We also sought greater acknowledgement of the role played by families, carers and support persons in recovery.

Key changes

Queensland Health has published information about the new Act, including an Overview of the new Mental Health Act and a Comparison of key provisions that outline key changes, including:

  • Stronger patient rights
  • Independent patient rights advisers
  • Strengthened role for support persons
  • Examination authorities
  • Classified patients
  • Treatment and care
  • Psychiatrist reports
  • Mental Health Courts
  • Victims of unlawful acts
  • Magistrates Courts
  • Mental Health Review Tribunal
  • Chief Psychiatrist
  • Operational improvements


Queensland Health administers the new Act and its implementation. 

QMHC’s Mental Health Act submissions

During the review of Queensland’s mental health legislation, which commenced in 2013, we provided several submissions to the Department of Health and the Queensland Parliament.

Our submissions included:

Our media statements summarise the QMHC’s submissions: