Consumers on compulsory treatment orders should no longer be charged accommodation fees in secure extended care units (SECUs).
Consumers on compulsory treatment orders receiving treatment as public patients should no longer be charged for their accommodation in secure extended care units with the Mental Health and Wellbeing Commission receiving confirmation that imposing fees may breach the Charter of Human Rights.
After raising this issue with the Department of Health, we are pleased to hear that the Secretary has written to public designated mental health services requiring that these billing practices stop immediately. We have also been advised that voluntary consumers should not be charged for accommodation in SECUs and all charging practices have ceased across the board.
Consumers on compulsory treatment orders told us through our complaints process, that they faced different charging practices for SECU accommodation, depending on the service they used. Our resolution team raised the issue of services charging consumers on compulsory treatment orders for unwanted accommodation and treatment. This was brought up as part of the Commission's annual planning process for exploring potential systemic reviews and inquiries.
The issue of fees being charged to consumers on compulsory treatment orders had also been raised with us by Independent Mental Health Advocacy and Victoria Legal Aid.
The Department of Health has confirmed that charging SECU consumers is not permitted under the 2020-2025 National Health Reform Agreement except in limited cases. Charges may only apply when consumers are deemed suitable for discharge after 35 days but either have no alternative accommodation or, they refuse to leave.
The Commission was not aware of the extent to which charges were being applied; however, we challenge the notion of charging consumers on compulsory treatment orders for SECU accommodation and treatment they do not want, given the additional burden this represents.
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