False start: Non-compliance with Victoria's new Mental Health and Wellbeing Act

ObjectiveTo assess the compliance of Victorian designated mental health services (DMHS) with mental health and wellbeing principles under section 30 of the Mental Health and Wellbeing Act 2022 (Vic).MethodAn audit of 19 Victorian DMHS' annual reports to assess compliance with a duty to report actions on one or more mental health and wellbeing principles (principles) within the last year.Results16 of 19 (84.2%) of designated mental health services breached their duty to report on how they complied with one or more principles within the last year. The three compliant services provided varied responses to this duty.ConclusionsThe vast majority of Victorian DMHS have failed to comply with a minimum reporting requirement under the MHWA. This data suggests that imprecise legislative drafting, an inadequate commissioning and regulatory framework as well as under-enforcement by the Mental Health and Wellbeing Commission may have contributed to non-compliance. Further research may examine how regulatory oversight agencies can ensure greater compliance with human rights and the MHWA.