Legislation | Forensicare

Legislative Framework

Forensicare is a statutory body that was established in 1998 under the Mental Health Act 1986 and continues under the Mental Health and Wellbeing Act 2022 (MHW Act) to provide forensic mental health services to Victorians.

As a forensic mental health service, Forensicare spans the mental health and criminal justice sectors. Consequently, in addition to the MHW Act – the key legislation covering delivery of mental health treatment – Forensicare also has obligations under the Charter of Human Rights and Responsibilities Act 2006 in delivering services, as well as the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (CMIA) in respect of consumers placed on supervision orders under the CMIA.

Health information and Privacy

Our collection, use and disclosure of health information is governed by a combination of the Health Records Act 2001 and the MHW Act. Our privacy policy can be found here. Forensicare is subject to the Freedom of Information Act 1982.

More information about Freedom of Information requests can be found here.

Gifts, benefits and hospitality register

In accordance with the Victorian Public Sector Commission (VPSC) guidelines, Forensicare makes its gifts, benefits and hospitality policy register available to the community.

All public sector employees have a duty to always put the public interest above their private interests when carrying out their official duties. The policy outlines when potential, perceived or actual conflicts may occur and the steps that must be taken to avoid, disclose, mitigate and / or manage a conflict of interest.

Forensicare Gifts, Benefits and Hospitality Policy