MENTAL HEALTH ACT 2007 - SCHEDULE 3
MENTAL HEALTH ACT 2007 - SCHEDULE 3
SCHEDULE 3 – Statement of rights for persons detained in mental health facility
(Section 74 (3))
Statement of rights
Statement of rights
Your rights
You should read the questions and answers below to find out your rights and what may happen to you after you are brought to a mental health facility.
What happens after I arrive at a mental health facility?
You must be seen by
a facility doctor not later than 12 hours after you arrive at the
mental health facility.
If you are a person who is already in a mental health facility as a
voluntary patient, and you have been told you are now to be kept in the
facility against your will, you must be seen by a facility doctor not later
than 12 hours after it is decided to keep you in the facility.
When can I be kept in a mental health facility against my will?
You can be
kept in a mental health facility against your will if you are certified by the
facility doctor as a mentally ill person or a mentally disordered person. The
doctor will decide whether or not you are a mentally ill person or a
mentally disordered person.
A mentally ill person is someone who has a mental illness and who needs to be
kept in a mental health facility for his or her own protection or to protect
other people. A mentally disordered person is someone whose behaviour shows
that he or she needs to be kept in a mental health facility for a short time
for his or her own protection or to protect other people.
The facility cannot continue to keep you against your will unless at least one
other doctor also finds that you are a mentally ill person or a
mentally disordered person. At least one of the doctors who sees you must be a
psychiatrist.
How long can I be kept in a mental health facility against my will?
If you
are found to be a mentally disordered person, you can only be kept in a
mental health facility for up to 3 DAYS (weekends and public holidays are not
counted in this time). During this time you must be seen by a doctor at least
once every 24 hours. You cannot be detained as a mentally disordered person
more than 3 times in any month.
If you are found to be a mentally ill person, you will be kept in the
mental health facility until you see the Mental Health Review Tribunal who
will hold a mental health inquiry to decide what will happen to you.
How can I get out of a mental health facility?
You, or a friend or relative,
may at any time ask the medical superintendent or another
authorised medical officer to let you out. You must be let out if you are not
a mentally ill person or a mentally disordered person or if the
medical superintendent or another authorised medical officer thinks that there
is other appropriate care reasonably available to you.
You or a person who asks for you to be let out may appeal to the Mental Health
Review Tribunal against a refusal by the medical superintendent or another
authorised medical officer to let you out.
Can I be treated against my will?
The facility staff may give you appropriate
medical treatment, even if you do not want it, for your mental condition or in
an emergency to save your life or prevent serious damage to your health. The
facility staff must tell you what your medical treatment is if you ask. You
must not be given excessive or inappropriate medication.
You may be operated on if a person who is your designated carer and the
Secretary of the Ministry of Health agree if you do not consent to the
operation, but only if it is in your interests to have the operation.
Can I be given electro convulsive therapy (ECT) against my will?
Yes, but only if the Mental Health Review Tribunal determines at a hearing that it is necessary or desirable for your safety or welfare. You have a right to attend that hearing.
Statement of rights
More information
You should read the questions and answers below to find out about mental health inquiries and when you may be kept in a mental health facility against your will after an inquiry.
When is a mental health inquiry held?
A mental health inquiry must be held as soon as practicable after it is decided to keep you in a mental health facility against your will because you are a mentally ill person.
What happens at a mental health inquiry?
Mental Health Review Tribunal will
decide whether or not you are a mentally ill person.
If Mental Health Review Tribunal decides that you are not a
mentally ill person, you must be let out of the mental health facility.
If Mental Health Review Tribunal decides that you are a mentally ill person,
Mental Health Review Tribunal will then decide what will happen to you.
Consideration must be given to the least restrictive environment in which care
and treatment can be effectively given. Mental Health Review Tribunal may
order that you be kept in a mental health facility as an INVOLUNTARY PATIENT
for a set time (not more than 3 months) or Mental Health Review Tribunal may
order that you be let out of the mental health facility. If you are let out,
Mental Health Review Tribunal may make a community treatment order requiring
you to have certain treatment after you are let out.
Mental Health Review Tribunal may adjourn the inquiry for up to 14 days where
it considers that it is in your best interests.
If Mental Health Review Tribunal makes an order that you are to remain in a
mental health facility as an involuntary patient, Mental Health Review
Tribunal must also consider whether you are capable of managing your financial
affairs. If Mental Health Review Tribunal is not satisfied that you are
capable, an order must be made for the management of your affairs under the
NSW Trustee and Guardian Act 2009 .
What rights do I have at a mental health inquiry?
You can tell Mental Health Review Tribunal what you want or have your lawyer tell Mental Health Review Tribunal what you want. You can wear street clothes, be helped by an interpreter and have a designated carer or any other person who is your principal care provider, relatives and friends told about the inquiry. You can apply to see your medical records.
What are my rights of appeal if I have been made an involuntary patient?
You
(or a carer or friend or relative) may at any time ask the
medical superintendent or another authorised medical officer to discharge you.
If the medical superintendent or authorised medical officer refuses or does
not respond to your request within 3 working days you (or a carer or friend or
relative) may lodge an appeal with the Mental Health Review Tribunal.
You will be given a notice setting out your appeal rights.
What happens when the time set by an order making me an involuntary patient has nearly ended?
The facility medical staff will review your condition
before the end of the order and the mental health facility may either
discharge you or apply to the Mental Health Review Tribunal for a further
order.
The Tribunal must let you out of the mental health facility if it decides that
you are not a mentally ill person or if it feels that other care is more
appropriate and reasonably available.
Who can I ask for help?
You may ask any facility staff member, social worker, doctor, official visitor, chaplain, your own lawyer or LawAccess NSW for help. The LawAccess NSW telephone number is:
(note : Appropriate telephone numbers should be included.)
Can I see an official visitor?
You may ask any facility staff member if you can see an official visitor. Staff will arrange for a visit by an official visitor.
Can I ask a friend or relative to act for me?
You may nominate up to 2 people to be your designated carers, including a person who is also your principal care provider, while you are in a mental health facility. A designated carer or any other person who is your principal care provider may ask for information on your behalf and will be informed if you are kept in a mental health facility, subject to a mental health inquiry, transferred or discharged and of proposed special mental health treatments or surgical operations. You and a designated carer or any other person who is your principal care provider also have the right to be given information about follow-up care if you are discharged.
Will I be assisted to present well before the Tribunal?
Yes, the facility staff must, as far as reasonably practicable, ensure that before you attend the Tribunal you are provided with appropriate street clothes and grooming items, including suitable shaving equipment and make-up.