The ACT Government is currently reviewing parts of the Mental Health Act 2015, providing an important opportunity for people who have experienced the mental health system to share what is working, where there are gaps, and what could be improved.
MIEACT’s Director of Lived Experience & Innovation, Riley Watson, recently joined ABC Canberra Drive to discuss the review and why lived experience needs to be at the heart of conversations about mental health legislation.
The Mental Health Act 2015 provides the legal framework for how mental health services respond when people experience significant mental health challenges. It sets out rights, safeguards and the circumstances in which treatment and Mental Health Orders can occur.
The Act plays an important role in protecting people’s human rights and autonomy. But there is an important question to consider: are people genuinely experiencing those rights and safeguards in practice?
The Mental Health Act is a large and complex piece of legislation. Understanding and applying it requires knowledge, capability and confidence across the mental health system. People working within the system are often doing their best in challenging circumstances, but there can still be a gap between what the legislation intends and what a person experiences.
This is where lived experience is essential.
People who have experienced the mental health system can help identify where those gaps exist, as well as what is working well and where there are opportunities to improve.
Riley highlighted supported decision-making as one area where lived experience can provide valuable insight. Mental health crises can involve incredibly difficult decisions. There may be a need to balance keeping someone safe with respecting their treatment preferences, autonomy and human rights.
Mental Health Orders and other interventions should therefore be considered carefully, particularly when they involve significant restrictions on a person’s choices. Riley also emphasised the importance of looking beyond the point of crisis and asking what early supports could be put in place before a Mental Health Order becomes necessary.
When difficult decisions do need to be made, people should be supported to understand what is happening and, wherever possible, participate in decisions about their own care.
How mental health services respond to people experiencing distress also matters. A trauma-informed response means taking the time to understand what may be happening for a person, communicating clearly and working towards the safest resolution while upholding their dignity.
It is not enough to ask whether a particular process was followed or whether an incident was resolved. We also need to consider what the experience was like for the person.
Were they informed about what was happening? Did they feel heard and respected? Were they involved in decisions about their care where possible? What could have been done differently?
Seeking feedback from people after difficult interactions or incidents can help create greater accountability for the experience of care, not just the outcome.
Riley also spoke about the importance of building the knowledge, confidence and capability of people working across the mental health system, including through communication training.
This aligns closely with MIEACT’s DoNOHarm Communication Training, which draws on lived experience and provides practical tools for communicating safely and respectfully with people experiencing mental health challenges.
There is a growing willingness to improve the way we communicate, but there is still work to do. For many people, fear of saying the wrong thing can become a barrier to meaningful conversations. Building confidence, understanding boundaries and using respectful, appropriate language can help people feel safer to engage when it matters most.
So, who should have a say in the review? The answer is simple: people who have been impacted by the Act. That includes people with lived experience of mental health challenges and the mental health system, as well as families, carers, kin and supporters.
Their experiences can help identify the difference between what legislation intends and what people actually experience.
The ACT Government’s review is an opportunity to listen to those experiences and consider how the Mental Health Act can work better in practice. Consultation is open until Friday 23 October 2026.
Listen to Riley’s interview on ABC Canberra Drive from 1:44:50 here
Have your say on the ACT Mental Health Act Review here
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