Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 18

Statement of patient's rights

18. Statement of patient's rights



(1) Every person on becoming a patient must be given the appropriate
prescribed printed statement-

   (a)  advising the patient as to the legal rights and other entitlements of
        patients under this Act including the right to obtain legal
        representation and to have a second psychiatric opinion; and

   (b)  containing any other information relating to the treatment and care of
        the patient that the Department considers relevant including, in the
        case of a patient detained under section 20BJ(1) or 20BM of the
        Crimes Act 1914 of the Commonwealth, information as to his or her
        legal rights and other entitlements under that Act.

(2) The statement may be printed in different languages so that wherever
possible a patient can be given a copy of the statement printed in a language
with which the patient is familiar.

(3) In addition to the statement, the patient must be given an oral
explanation of the information contained in the statement and, if he or she
appears not to have understood, or to be incapable of understanding, the
information contained in the statement, arrangements must be made to convey
the information to the patient in the language, mode of communication or terms
which he or she is most likely to understand.

(4) It is the duty of the authorized psychiatrist to ensure that this section
is complied with in the approved mental health service.