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ARAFMI Tasmania |
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An Association of Friends and Relatives of the Mentally Ill (Tasmania) Incorporated |
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Rights and Responsibilities of Carers and Advocates Your Rights under the Mental Health Act
This statement acknowledges the capabilities of non-professional carers and advocates. It recognises the contribution they make to the support and care of people with mental health problems and mental disorders. In the majority of cases the caring role is assumed by women. The caring and advocacy roles are complex and the relationship between carers, consumers and advocates can change frequently. It may also vary according to the age of the consumer. There are many issues that arise for people living with, caring for, or acting as an advocate for people with mental health problems or mental disorders. Carers and advocates have a right to respect for individual human worth, dignity and privacy. Carers and advocates have a right to comprehensive information, education, training and support to facilitate the understanding, advocacy and care of those consumers they care for. With the consent of the person with mental illness, carers are entitled to: Have access to the consumer; Be consulted by service providers about measures under consideration for treatment of the consumer or for his or her welfare; Arrange support services such as respite care, counselling and community nursing facilities; Exchange information with those providing treatment concerning the consumer’s lifestyles and their relationships with others. There may be circumstances where the consumer is unable to give consent or may refuse consent because of their disturbed mental state. In such cases it may be appropriate for service providers, carers and / or advocates to initiate contact and involve those who may be able to assist with the consumer’s diagnosis and care.
Without the consent of the person with mental illness: • Carers and advocates have the right to put information concerning family relationships and any matters relating to the mental state of the consumer to health service providers. • Carers and advocates have a right to seek further opinions regarding the diagnosis and care of the consumer. • Carers and advocates have a right to place limits on their availability to consumers. • Carers and advocates have a right to mechanisms of complaint and redress. • Carers and advocates have a right to help with their own difficulties which may be generated by the process of caring for or acting as an advocate for a person with a mental health problem or mental disorder.
Responsibilities: Carers and advocates have a responsibility to: Respect the human worth and dignity of the person who has a mental health problem or mental disorder; Consider the opinions of professional and other staff and recognise their skills in providing care and treatment for the person who has a mental health problem or mental disorder; and Co-operate, as far as is possible, with reasonable programs of treatment and care aimed at returning the consumer to optimal personal autonomy. The parent/guardian/carer of a child or adolescent has a responsibility to obtain appropriate professional assistance if they have reason to believe that the child may have a mental health problem or mental disorder.
National Mental Health Strategy: “Mental Health statement of rights and responsibilities” 1991 (AGPS Canberra). Copyright Commonwealth of Australia reproduced with permission.
You’re Rights under the Mental Health Act Getting the right help If you want help for a mental health problem talk to your doctor or contact your local mental health service. People wanting help for a mental health problem will often choose to talk to their doctor. Depending on the nature or severity of the illness, your doctor may recommend medication, specialist therapy, or treatment in a hospital. Most people who go to hospital for a mental health problem choose to be admitted as a voluntary patient. Voluntary patients may discharge themselves from hospital at any time.
Voluntary patients If you want access to a mental health service but are refused, the new Mental Health Act gives you the right to a referral for a second medical opinion. If you are a voluntary patient you have the right to ask to discharge yourself from hospital at any time, but may still be detained and placed on an order if you are so unwell that hospitalisation is necessary for you to get better.
Hospitalisation without consent Under the Mental Health Act, a person can be admitted to hospital without giving consent, if it is believed that they have a mental illness causing a significant risk of harm to themselves or others. The 'Initial Order', which lasts for up to 72 hours, may be sought by an 'authorised officer' or 'person responsible' and is signed by a doctor.
Involuntary patients If you are a patient on a Continuing Care order or Community Treatment order under the Mental Health Act, you have rights: Your identity and civil rights will be respected. You have the right to the best possible standard of care and treatment. The diagnosis and proposed treatment of your illness must be explained to you. The effect of the Act must be explained to you. You can talk to your family or close friend, and have them present when you see your doctor or psychiatrist. Information about you must be kept confidential unless you agree to its release to others. The Act permits its release to others involved in your care and treatment. You can refuse to consent to treatment if you have capacity, even if you are on an order. Restrictions on your freedom will be kept to the minimum needed to protect you or other people.
Continuing care and community treatment orders Once admitted to hospital, the Initial Order must be confirmed by an 'approved medical practitioner' (usually a psychiatrist) within 24 hours. They may recommend a 'Continuing Care Order' for further hospital treatment for up to six months, or a 'Community Treatment Order' prescribing treatment outside of hospital for up to 12 months. They must also tell you about your diagnosis and treatment plan as soon as this is known. Both Continuing Care and Community Treatment Orders are reviewed automatically by the Mental Health Tribunal. You or your person responsible may appeal to the Tribunal at any other time. After the order To see how well you are and to allow you to have contact with your family and the community the psychiatrist may give you leave from hospital. You can also ask your doctor for leave from hospital. You may ask to be discharged from hospital at any time and your doctor must consider your request. If the approved medical practitioner decides you do not need to be under an 'order', you will be free to leave hospital, or to arrange for continuing treatment for your mental illness on a voluntary basis
Person responsible and authorised officer The Mental Health Act defines a 'person responsible' as a guardian, spouse or de facto (if there is a close and continuing relationship), carer, or close friend or relative. Authorised officers under the Mental Health Act are generally nurses, social workers or other professionals experienced in mental health or are senior ranking police officers. You can seek a review by the Mental Health Tribunal against being on an order. In addition, the Tribunal will automatically review continuing care orders and community treatment orders. You can complain about your treatment, and ask to see an official visitor. You will be protected from ill-treatment and neglect
Mental Health Tribunal The Mental Health Tribunal has medical and legal expertise, and is independent of the public mental health services. The Tribunal has the power to change the involuntary status of a patient. Phone: (03) 6233 3033
Official Visitors Official visitors have the duty to visit and inspect mental health services, listen to and help resolve patient complaints, and help people apply to the Mental Health Tribunal. Phone: 1800 808 890 and ask to be transferred to the Official Visitors |
