Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 50

Statement of rights

    (1)     The responsible person shall ensure that on admission to, or before receiving treatment at, the mental health facility or community care facility, a person—

        (a)     is orally advised of his or her rights under this Act; and

        (b)     is given a copy of an information statement containing—

              (i)     a prescribed statement setting out the rights and entitlements of persons under this Act, including the right to obtain legal advice and the right to seek a second opinion from an appropriate mental health professional; and

              (ii)     any other information relating to the treatment and care of the person that the Minister considers relevant.

    (2)     The responsible person shall ensure that, wherever possible, a person is given an information statement in a language with which the person is familiar.

    (3)     The responsible person shall ensure that, if a person appears to be incapable of reading and understanding an information statement, then as far as practicable arrangements are made to convey the information contained in the statement to the person in the language, mode of communication or terms that the person is most likely to understand.

    (4)     The responsible person shall ensure that, if a person appears to be unable to understand the information contained in an information statement, the public advocate is informed of that fact.



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