Preventing and responding to harm: Restorative and responsive mental health regulation in Victoria

Abstract

Mental health systems are built on imperfect foundations. Rather than reflect the “dark old days” of psychiatry, mental health systems, still, commit wide-spread breaches of mental health and human rights laws. During such time, mental health regulators have failed to adequately enforce mental health laws and respond to harms in ways that are transparent and include the community. The Victorian mental health system, with the Mental Health Complaints Commissioner as the principal regulator, provides a case-in-point. Following a Royal Commission into Victoria's Mental Health System, the state government will dissolve the current regulator and establish a new Mental Health and Wellbeing Commission, with enhanced powers. This paper argues that this new regulator should adopt a more conscious implementation of restorative justice and responsive regulation, termed here restorative and responsive regulation. Of particular value is the use of restorative practices such as conferences and an augmenting of sentencing circles within a broader responsive regulatory framework.