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Mental Health Experts Express Concerns Over Ambiguity in Victoria’s New Chemical Restraint Laws

08/31/2023
in News

In Victoria, mental health professionals are voicing apprehensions regarding the perceived ambiguity of the state’s recently introduced chemical restraint guidelines. These concerns emerge as mental health services gear up to comply with the new Mental Health and Wellbeing Act, a pivotal recommendation stemming from a landmark royal commission. The Act aims to safeguard human rights within mental health settings across the state.

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Commencing this Friday, the Act ushers in regulations on the utilization of chemical restraint within mental health services. Chemical restraints entail administering medications primarily to manage behavior rather than treat a specific ailment.

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Anonymous psychiatrists within Victoria’s public mental health sector have expressed reservations about the “vague” nature of the guidelines associated with chemical restraint. They fear that this ambiguity could lead to workforce shortages and heightened anxiety among staff members.

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One psychiatrist remarked, “It’s not clear what the threshold for chemical restraint is. The vagueness is confusing, so any two clinicians could debate about whether something is or is not chemical restraint.”

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The Royal Australian and New Zealand College of Psychiatrists’ Victorian chair, Simon Stafrace, conveyed that the sector is unprepared to fully comply with the Act due to staffing gaps and a condensed timeframe for grasping and implementing the guidelines. He highlighted that the department only recently furnished mental health services with updated guidelines concerning restrictive intervention practices, encompassing chemical restraint, physical restraint, and seclusion.

Stafrace underscored the uncertainty surrounding the technical aspects of the legislation’s execution, particularly the distinction between chemical restraint and treatment. Shortages of mental health professionals remain an obstacle in realizing the royal commission’s recommendations.

While confident that the reform will eventually enhance treatment, Stafrace stressed the necessity of a seamless transition that avoids negatively impacting individuals who rely on the system.

The Victorian government has committed to eradicating seclusion and restraint in mental health facilities by 2031, a primary recommendation from the state’s mental health royal commission. The interim objective is to decrease restrictive practices by 20% by April.

Prof Patrick McGorry, Executive Director of youth mental health organization Orygen, expressed skepticism about meeting the interim April deadline, suggesting a hastened implementation of the royal commission’s recommendations would be necessary.

The Victorian Mental Illness Awareness Council also emphasized the urgency to phase out seclusion and restraint more rapidly, asserting that the current 10-year timeline is protracted.

Recent data from a 2022 report by the Victorian Mental Illness Awareness Council revealed that the system continues to employ seclusion and restraint more frequently and for longer durations compared to national averages.

A government spokesperson stated that efforts are being made to ensure sector readiness, and the workforce will be equipped to enact reform as mandated by the new legislation. The spokesperson emphasized that the new Act establishes the groundwork for a transformed mental health system rooted in human rights and lived experience.

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