People receiving mental health services have rights to privacy and confidentiality, but this requires careful balancing with the increased recognition of the role of support people such as family members and carers to support decision-making.
Section deals with disclosure of health information. The Act sets out clearly that a person is deemed to have capacity to give informed consent if the person understands, is able to remember and use information relevant to the decision and is able to communicate their decision s.
The Act sets out principles to guide the determination of capacity in s. A person on a treatment order can still be given treatment against their wishes, even if they have capacity, if certain criteria are met s. Section 69 of the Act, states that a person gives informed consent to treatment or medical treatment under the Act if they:. Section 69 2 further defines when a person has been given adequate information to make an informed decision. For more information see Rights of people receiving treatment for mental illness.
The Mental Health Tribunal is an independent tribunal established by the Act. The Tribunal conducts hearings to decide whether a person meets the criteria for compulsory mental health treatment under the Act. Assessment and treatment orders. Rights of people receiving treatment for mental illness. Independent Mental Health Advocacy IMHA supports people who are receiving, or at risk of receiving, compulsory mental health treatment to make decisions and have as much say as possible about their assessment, treatment and recovery.
This service is an integral component in realising the reforms and vision of the Mental Health Act The service is independent, free and confidential. See also the Department of Health website for:. Skip to the content. Introduction to the Mental Health Act Introduction to the Mental Health Act If you are assisting a client living with mental illness, there may be any number of laws to consider, depending on the nature of their legal issue.
These include rights to: make advance statements communicate privately with people outside a mental health service, including lawyers specifically, and have visitors nominate support people, who can receive information and support decision-making request second psychiatric opinions be given a statement of rights when being assessed or having an order made about their treatment for mental illness.
Key elements of the Act Mental health principles and rights A core part of the framework is the inclusion of mental health principles in the Act, which a mental health service provider must have regard to when providing mental health services s.
The Act promotes supported decision-making and encourages strong communication between health practitioners, consumers, their families and carers.
It supports people with a mental illness to make and participate in treatment decisions and to have their views and preferences considered and respected. Skip to main content. Home Practice and service quality Mental Health Act Mental Health Act The Mental Health Act establishes robust safeguards and oversights to protect the rights, dignity and autonomy of people with mental illness.
In this topic. Mental Health Act handbook. More information.
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