Identify Key National Policy and Legislation For Mental Health



This is a basic right of people who have mental disorders, that they receive a high quality of treatment and care. For the regulation of this right, there is a significant number of national policies and legislation that inform governance of mental health and protect mentally disordered people from any form of inhuman treatment and discrimination (Braithwaite, 2013). Further, these policies carry the purpose of guidance and assistance towards consumers and those who care for ill-minded people. Policymakers make policies and strategies for better improvement of the mental health of victims by using the latest resources to achieve the greatest possible outcomes in the field so that they can improve the overall quality of life (“Current Mental Health Legislation”, 2021).

Specifically, two renowned pieces of legislation inform governance of mental health and how people with mental health conditions should receive care and treatment. Here is the Mental Health Act, e 1983, which was later updated by the 2007 Act, and the Mental Capacity Act of 2005 (“What is the Mental Health Act?”, 2021). Add to this, some key national policies are dealt with for the same purpose. So, what we’re doing about mental health matters. According to research (Braithwaite, 2013), almost half of all Australian adults will face mental ill-health at some point in their lives. So, in this particular paper, I am going to Identify key national policy and legislation that informs the governance of mental health; furthermore, the effect of these policies on consumers and who cares.


Health Act 1983:

In normal routine we see a patient is treated willingly, they are volunteered there, and they have agreed; nonetheless, there is also some case regard to mental health when the patient is detained; this comes under the Mental Health Act (1983) where the patient treated without their agreement but according to regulation and for the victim benefits. The main legislation of this act covers the assessment and rights of people with a mental health disorder. Victims become supposed to detain under this act where the regulations demand urgent treatment for a mental health disorder (“What is the Mental Health Act?”, 2021).

It is a legal way to treat the patient for those who do the job of caretaker. It is legalized guidelines for a career that how a mental disorder person can be detained, and treated in a mental hospital, even sometimes against the wish of the victim, so here these mental health act works as safeguards which ensure patients’ rights are upheld reasonably (Braithwaite, 2013).

To protect the rights of people with mental disorders. Mental health legislation is necessary; otherwise, they face discrimination, stigma, and marginalization in all societies which invites the probability that their rights will be violated consciously or consciously (Braithwaite, 2013). It is found out that the mental disorder affects the victim good’s decision-making capacities and they do not able to actualized good policies for their right, and consumer poses a risk to themselves because of disorder policies, so here the responsibility of Mental health legislation that they provide a legal framework for addressing such critical issues such as the community integration of persons with mental disorders (“Current Mental Health Legislation”, 2021).

The Mental Capacity Act 2005:

Same as the mental health act 1983, protect the basic right of mentally ill persons. The Mental Capacity Act 2005 is also designed to protect people who may lack the mental capacity to make their own decisions about their care and treatment (“The Mental Capacity Act 2005”, section 1). Additionally, it applies to people aged 16 and over. In the above act, the things are not particularly defined but this low covers the day-to-day things like what to wear, and what to eat, or some more mature decisions like where to move and where to live. Here is the list of some patients who come under the regulation of this act: all patients with dementia, people who have a severe learning disability, a serious brain injury or a stroke, etc. (“Current Mental Health Legislation”, 2021). but there are still some exceptional cases, and just because a person has one of these health conditions does not necessarily mean they cannot make any decision. For example, there is possible a person who has these types of injuries may not make any complex financial decisions issue but it this also possible that he may have the capacity to make some other simple decisions, such as what items to buy at the local shop (Braithwaite, 2013).

so, the Mental capacity Act 2005 allows the consumer to express their right to treatment and care; on the other side, it is also no objection certificate for the caregiver as they get a legal way as a trusted person to decide on their behalf (“Current Mental Health Legislation”, 2021).


There is a law, but still, that is not adequately implemented in many countries. After this profound literature review, we come to know that implemented action difficulties can be identified and the law can implement by following some recommendations.

There is a need to set priorities for mental health legislation by the realities of the country concerned accordingly.

Experts should review health and non-health legislation in the country so that they can identify the exact places where priority mental health components can be incorporated successfully.

There is a need to obtain support for mental health legislation from the main stakeholders in the country so that the strategy to follow in implementation could be possible.

Same as there is a need to obtain support executive branch of government, ministries, legislature, and political parties for the implementation successfully.

“Mental Capacity Act 2005”. Social Care Institute for Excellence (SCIE). Retrieved 29 October 2019.
Mental Capacity Act (2005) Code of Practice (2007) London: TSO.
Current Mental Health Legislation. (2021). Retrieved 18 April 2021, from
Current Mental Health Legislation. (2021). Retrieved 18 April 2021, from
What is the Mental Health Act? (2021). Retrieved 18 April 2021, from

2022-08-10 10:36:17

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