Have your say on mental health law reforms

The community is invited to have their say on proposed new mental health laws for South Australia.

The Malinauskas Labor Government is committed to delivering modern legislation that better supports vulnerable South Australians and aligns with the community safety and human rights standards everyone should expect with mental health services in this state.

This modern legislation has now been drafted as the Mental Health and Wellbeing Bill 2026, expected to be introduced in the next parliamentary term.

The Bill would replace the Mental Health Act 2009, which has governed the treatment, care and rehabilitation of individuals with severe mental illness in South Australia for more than a decade.

This proposed legislation has been informed by an independent statutory review of the existing laws that was undertaken by the South Australian Law Reform Institute, and through consultation with mental health patients, clinicians and advocates.

Feedback from these consultations has informed the development of new and expanded guiding principles to uphold human rights, as well as new safety and accountability measures.

Some of these additions include:

• Supported decision-making to enhance the autonomy and dignity of people receiving care.
• Establishment of a statutory body to advise on human rights in mental health and monitor efforts to reduce coercion.
• An increased duty to warn individuals who may be at risk.
• New Guiding Principles that support the care for people who experience severe mental health conditions including those who have other co-occurring conditions such as substance use, autism or intellectual disability, and that require the views of family and carers be considered.

Other key features of the draft Bill include the establishment of a Statement of Recognition for Aboriginal and Torres Strait Islander peoples, along with a new option for people to record their preferred approaches regarding care that can be used at a later time if needed.

Consultation is open until 13 February 2026.

To provide your feedback, visit the online survey here.

Quotes

Attributable to Chris Picton

The Malinauskas Government is committed to ensuring our mental health laws are up to date and the best they can be, especially for the most vulnerable people in our community.

To ensure South Australia’s new mental health laws are the best they can be, I encourage people to have their say and help us get the balance right.

I’m proud of the work that has been done in this space and commend everyone who has contributed to the drafting of this important legislation.

Attributable to Department of Health and Wellbeing Chief Psychiatrist John Brayley

This is a vital opportunity for people to have their say on a Bill that will shape the future of mental health care.

The new Bill will modernise mental health legislation by recognising supported decision-making, enhancing individual rights as well as considering the rights of families, carers and the broader community. It creates stronger safeguards for children and vulnerable groups, and the greater clarity in the Bill will assist clinicians to focus on their work providing care.

Community feedback will help refine the proposed laws to ensure that they underpin best practice mental health care across South Australia.