Mental Health (Amendment) Regulations 1996
i
Mental Health (Amendment) Regulations 1996
S.R. No. 51/1996
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Principal Regulations 1
5. Amendment of objectives 2
6. Amendment of regulation 5 2
7. New Part IIA inserted 3
PART IIA—REGISTER OF MAJOR NON-PSYCHIATRIC
TREATMENT 3
7. Form of register of major non-psychiatric treatment 3
8. References to Chief General Manager substituted 4
9. Substitution of form of return of ECT performed 4
12. Monthly return 4
10. Revocation of prescribed interest on patient's accounts 4
11. New Part VIA inserted 4
PART VIA—CONFIDENTIALITY 4
17A. Release of confidential patient information 4
12. Amendment of regulation 18 5
13. Amendment of regulation 19 5
14. Amendment of regulation 20 5
15. Amendment of regulation 21 5
16. Schedules substituted 5
SCHEDULE 1 6
SCHEDULE 2 7
SCHEDULE 2A 9
SCHEDULE 2B 11
SCHEDULE 2C 13
17. Form of special warrant amended 15
18. Schedule 3A inserted 15
SCHEDULE 3A 15
19. Schedule 10 substituted 16
20. Schedule 11 substituted 18
SCHEDULE 11 18
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Regulation Page
ii
21. Amendment of Schedule 13 19
22. Revocation of Schedule 14 19
23. Schedules 15 to 21 substituted 19
SCHEDULE 15 20
SCHEDULE 16 25
SCHEDULE 17 32
SCHEDULE 18 38
SCHEDULE 19 42
SCHEDULE 20 47
SCHEDULE 20A 53
SCHEDULE 20B 59
SCHEDULE 21 64
24. Amendment of Schedule 22 71
═══════════════
NOTES 72
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1
STATUTORY RULES 1996
S.R. No. 51/1996
Mental Health Act 1986
Mental Health (Amendment) Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 25 June 1996
Responsible Minister:
ROB KNOWLES
Minister for Health
A. WILTSHIRE
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Mental Health Regulations 1987 to give effect to
the Mental Health (Amendment) Act 1995.
2. Authorising provisions
These Regulations are made under sections 9, 18,
80, 85, 100, 120A and 142 of the Mental Health
Act 1986.
3. Commencement
These Regulations come into operation on the day
that section 4 of the Mental Health
(Amendment) Act 1995 comes into operation.
4. Principal Regulations
In these Regulations, the Mental Health
Regulations 1987 1 are called the Principal
Regulations.
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5. Amendment of objectives
In regulation 3 of the Principal Regulations, for
paragraph (b) substitute—
"(b) to fix the limits of patient's accounts; and
(c) to prescribe any other matters authorised by
the Mental Health Act 1986.".
6. Amendment of regulation 5
(1) In regulation 5(1) and 5(2) of the Principal
Regulations, for "a psychiatric in-patient service"
(wherever occurring) substitute "an approved
mental health service".
(2) In regulation 5(2) of the Principal Regulations, for
"medical practitioner" substitute "registered
medical practitioner".
(3) In regulation 5(3) of the Principal Regulations—
(a) in paragraph (a), after "Schedule 2A" insert
"or Schedule 2B (as the case requires)";
(b) in paragraph (b), for "psychiatric in-patient
service" substitute "approved mental health
service".
(4) After regulation 5(3) of the Principal Regulations,
insert—
'(3A) For the purposes of section 9(7A)(c) of the
Act, the prescribed form is the form in
Schedule 2C.
(3B) For the purposes of the definition of
"mental health practitioner" in section
9(8) of the Act, the prescribed classes of
health service providers are the following
persons employed by an approved mental
health service and engaged in the provision
of acute psychiatric assessment and
treatment functions in the community—
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(a) a registered nurse;
(b) a registered psychologist within the
meaning of the Psychologists
Registration Act 1987;
(c) a social worker.'
(5) In regulation 5(4) of the Principal Regulations—
(a) for "a prescribed medical practitioner"
substitute "a prescribed registered medical
practitioner";
(b) for "a medical practitioner" (wherever
occurring) substitute "a registered medical
practitioner";
(c) for paragraph (b) substitute—
"(b) the registered medical practitioner who
recommended that the person be
admitted to and detained in an approved
mental health service;".
7. New Part IIA inserted
After regulation 6 of the Principal Regulations
insert—
"PART IIA—REGISTER OF MAJOR
NON-PSYCHIATRIC TREATMENT
7. Form of register of major non-psychiatric
treatment
For the purposes of section 85(2) and (3) of
the Act, a register of major non-psychiatric
treatment must be in the form in Schedule
3A and the prescribed details are the details
required to be inserted on that form.".
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8. References to Chief General Manager substituted
In regulations 8, 9, 11, 15 and 21 of, and in
Schedules 6, 7, 8, 9 and 12 to, the Principal
Regulations, for "Chief General Manager"
(wherever occurring) substitute "Secretary".
9. Substitution of form of return of ECT performed
For regulation 12 of the Principal Regulations
substitute—
"12. Monthly return
For the purposes of section 80 of the Act, the
prescribed form is the form in Schedule 10.".
10. Revocation of prescribed interest on patient's
accounts
Regulation 14 of the Principal Regulations is
revoked.
11. New Part VIA inserted
After regulation 17 of the Principal Regulations
insert—
"PART VIA—CONFIDENTIALITY
17A. Release of confidential patient information
For the purposes of section 120A(3)(ca) of
the Act, the prescribed classes of staff are the
following persons employed in a relevant
psychiatric service—
(a) a registered nurse;
(b) a registered psychologist within the
meaning of the Psychologists
Registration Act 1987;
(c) a social worker;
(d) an occupational therapist.".
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12. Amendment of regulation 18
In regulation 18 of the Principal Regulations, for
"medical practitioner" substitute "registered
medical practitioner".
13. Amendment of regulation 19
In regulation 19 of the Principal Regulations, for
"an Act" substitute "the Act".
14. Amendment of regulation 20
(1) Regulation 20(1) of the Principal Regulations is
revoked.
(2) In regulation 20(3) of the Principal Regulations,
omit "involuntary".
(3) After regulation 20(7) of the Principal Regulations
insert—
"(7A) The printed statement of the rights of a
continuing treatment involuntary patient
must be in the form in Schedule 20A.
(7B) The printed statement of the rights of a
patient upon whom it is proposed to perform
a major non-psychiatric treatment or major
medical procedure must be in the form in
Schedule 20B.".
15. Amendment of regulation 21
In regulation 21 of the Principal Regulations, for
"a psychiatric in-patient service" substitute "an
approved mental health service".
16. Schedules substituted
For Schedules 1, 2 and 2A to the Principal
Regulations substitute—
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"SCHEDULE 1
Regulation 5(1)
Mental Health Act 1986 (Section 9)
Mental Health Regulations 1987
REQUEST FOR ADMISSION OF A PERSON AS AN
INVOLUNTARY PATIENT TO AN APPROVED MENTAL
HEALTH SERVICE
TO THE ADMITTING REGISTERED MEDICAL
PRACTITIONER
Please admit
.................................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be admitted
of..............................................................................................................................
ADDRESS OF PERSON TO BE ADMITTED
as an involuntary patient to an appropriate approved mental health service.
TO BE COMPLETED AS NECESSARY
AUTHORITY TO TRANSPORT
I hereby authorise
............................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of *a member of the
police force, an ambulance officer or any other person
employed by...........................................designation:..........................................
to take the abovenamed person to an appropriate approved mental health
service.
.................................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person making the request
of..............................................................................................................................add
ress of person making the request
signed......................................................................................date..........................
*circle as necessary
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SCHEDULE 2
Regulation 5(2)
Mental Health Act 1986 (Section 9)
Mental Health Regulations 1987
RECOMMENDATION FOR ADMISSION OF A PERSON AS
AN INVOLUNTARY PATIENT TO AN APPROVED MENTAL
HEALTH SERVICE
TO THE ADMITTING REGISTERED MEDICAL
PRACTITIONER
Please admit
.................................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be admitted
of..............................................................................................................................
person's address
I am a registered medical practitioner and state as follows—
THAT I have personally examined the abovenamed person on the.......day
of.........................19.... at.............*am/pm.
THAT it is my opinion that:
(a) the person appears to be mentally ill (a person is mentally ill if he or she
has a mental illness, being a medical condition that is characterised by
a significant disturbance of thought, mood, perception or memory); and
(b) the person's mental illness requires immediate treatment and that
treatment can be obtained by admission to and detention in an approved
mental health service; and
(c) because of the person's mental illness, the person should be admitted
and detained for treatment as an involuntary patient for his or her health
or safety (whether to prevent a deterioration in the person's physical or
mental condition or otherwise) or for the protection of members of the
public; and
(d) the person has refused or is unable to consent to the necessary treatment
for the mental illness; and
(e) the person cannot receive adequate treatment for the mental illness in a
manner less restrictive of that person's freedom of decision and action.
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THAT I do not consider the person to be mentally ill by reason only of any one
or more of the exclusion criteria listed in section 8(2) of the Mental Health Act
1986.
THAT I base my opinion on the following facts:
FACT/S PERSONALLY OBSERVED BY ME ON EXAMINATION
.....................................................................................................................................
.............................................................................................................................
FACTS COMMUNICATED TO ME BY ANOTHER PERSON
.....................................................................................................................................
.............................................................................................................................
TO BE COMPLETED WHERE NO FACTS ARE PERSONALLY
OBSERVED
As no facts were personally observed by me, the following facts were
communicated directly to me *
in person/in writing/by telephone/by electronic
communication by
Dr........................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of other registered medical practitioner
of.........................................................................................................................
doctor's address
doctor's telephone number...................................................................................
who examined the abovenamed person on the .........day of......................19......
(being a period not more than 28 days prior to today's date)
FACTS COMMUNICATED BY OTHER EXAMINING REGISTERED
MEDICAL PRACTITIONER:
................................................................................................................................
........................................................................................................................
THAT I consider that the abovenamed person should be admitted to an
approved mental health service.
.................................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of recommending registered medical
practitioner
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signed............................................................................................................
SIGNATURE of recommending registered medical practitioner
Qualifications:..........................................................................................................
Address....................................................................................................................
Telephone number............................................date.................................................
*
circle as necessary
SCHEDULE 2A
Regulation 5(3)
Mental Health Act 1986 (Section 9)
Mental Health Regulations 1987
RESTRAINT
THIS FORM MUST BE COMPLETED IF RESTRAINT IS
USED FOR THE PURPOSE OF SAFELY TRANSPORTING A
PERSON TO AN APPROVED MENTAL HEALTH SERVICE
(please cross)
ATTACHED TO THIS FORM IS A COMPLETED RECOMMENDATION IN THE
PRESCRIBED FORM
OR
ATTACHED TO THIS FORM IS A COMPLETED AUTHORITY TO TRANSPORT
WITHOUT RECOMMENDATION IN THE PRESCRIBED FORM
OR
RESTRAINT HAS BEEN APPLIED TO TRANSPORT A PERSON ABSENT
WITHOUT LEAVE OR PERMISSION. NO RECOMMENDATION OR
AUTHORITY TO TRANSPORT IS ATTACHED.
......................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be transported
of...................................................................................................................
address of person to be transported
I....................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of prescribed person
am employed by.............................................................................................
*police/ambulance/psychiatric service/other (please specify)
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and am a prescribed person for the purposes of section 9 of the Mental Health
Act 1986.
(please cross)
I have observed a completed recommendation in the prescribed form
OR
I have observed a completed authority to transport without
recommendation in the prescribed form
OR
Restraint has been applied to transport the abovenamed person absent
without leave or permission. No recommendation or authority to
transport is attached.
I applied the following restraint on the abovenamed person:
restraint...................................time applied..................time removed............
restraint...................................time applied..................time removed............
restraint...................................time applied..................time removed............
Such restraint/s was/were necessary for the following reasons (please provide
reasons for each occasion restraint was used):
.................................................................................................................................
.................................................................................................................................
................................................................................................
signed...........................................................designation...............................
date.........................
*circle as necessary
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SCHEDULE 2B
Regulation 5(3)
Mental Health Act 1986 (Section 9)
Mental Health Regulations 1987
SEDATION
THIS FORM MUST BE COMPLETED IF SEDATION IS USED
FOR THE PURPOSE OF SAFELY TRANSPORTING A
PERSON TO AN APPROVED MENTAL HEALTH SERVICE
(please cross)
ATTACHED TO THIS FORM IS A COMPLETED
RECOMMENDATION IN THE PRESCRIBED FORM
OR
SEDATION IS TO BE USED TO TRANSPORT A PERSON
ABSENT WITHOUT LEAVE OR PERMISSION. NO
RECOMMENDATION IS ATTACHED.
......................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be transported
of...................................................................................................................
address of person to be transported
I....................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of prescribed registered medical practitioner
of...................................................................................................................
address of prescribed registered medical practitioner
am a prescribed registered medical practitioner for the purposes of section 9 of
the Mental Health Act 1986.
(please cross)
I have observed a completed recommendation in the prescribed form
relating to the abovenamed person
OR
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Sedation is to be used to transport the abovenamed person who is
absent without leave or permission. No recommendation is attached.
The person is unable to consent to or has refused sedation and I am of the
opinion that it is necessary to sedate the person so as to enable the person to be
taken safely to an appropriate approved mental health service.
I base my opinion on the following facts:
.................................................................................................................................
.................................................................................................................................
................................................................................................
PARTICULARS OF SEDATION
drug...............................................................................................................
dose.......................route:(IM, IV, Oral)......................frequency....................
(please cross)
I administered the above sedation myself at the following
time/s...................... am/pm
OR
I direct.............................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of authorised person
a *registered medical practitioner/registered nurse to administer the above
sedation in the prescribed form.
Signed........................................................date.............................................
TO BE COMPLETED AS NECESSARY BY AUTHORISED PERSON
I,...............................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of authorised person
of..............................................................................................................
address of authorised person
am the person authorised above by Dr.......................................................
a prescribed registered medical practitioner to administer the following
sedation:
PARTICULARS OF SEDATION ADMINISTERED
drug..........................................................................................................
dose..............route:(IM, IV, Oral)...............time/s administered................
signed..........................................qualifications........................................
date:.......................................
*circle as necessary
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SCHEDULE 2C
Regulation 5(3A)
Mental Health Act 1986 (Section 9)
Mental Health Regulations 1987
AUTHORITY TO TRANSPORT WITHOUT
RECOMMENDATION
TO THE ADMITTING REGISTERED MEDICAL
PRACTITIONER
Please admit
............................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be admitted
of.........................................................................................................
person's address
I am a mental health practitioner for the purposes of section 9 of the
Mental Health Act 1986 and I state as follows—
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THAT
(1) I have observed a completed request in the prescribed form
relating to the abovenamed person; and
(2) a recommendation has not been made in the prescribed form as
a registered medical practitioner was not available within a
reasonable period to consider making a recommendation despite
all reasonable steps having been taken to secure the attendance
of one; and
(3) it is my opinion that:
(a) the person appears to be mentally ill (a person is mentally
ill if he or she has a mental illness, being a medical
condition that is characterised by a significant
disturbance of thought, mood, perception or memory);
and
(b) the person's mental illness requires immediate treatment
and that treatment can be obtained by admission to and
detention in an approved mental health service; and
(c) because of the person's mental illness, the person should
be admitted and detained for treatment as an involuntary
patient for his or her health or safety (whether to prevent
a deterioration in the person's physical or mental
condition or otherwise) or for the protection of members
of the public; and
(d) the person has refused or is unable to consent to the
necessary treatment for the mental illness; and
(e) the person cannot receive adequate treatment for the
mental illness in a manner less restrictive of that person's
freedom of decision and action.
THAT I do not consider the person to be mentally ill by reason only of
any one or more of the exclusion criteria listed in section 8(2) of the
Mental Health Act 1986.
THAT I base my opinion on the following facts personally observed by
me on examination:
......................................................................................................................
......................................................................................................................
........................................................................................
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THAT I consider that the abovenamed person should be:
• transported in accordance with the request in the form in
Schedule 1 made by
.....................................................................................; AND
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person making request
• admitted to an approved mental health service for examination
by a registered medical practitioner for the purpose of making a
recommendation.
............................................................................................................
GIVEN NAME(S)/FAMILY NAME of mental health practitioner
Signed:..........................................................date................................
signature of mental health practitioner
employed by..........................................designation..............................
psychiatric service
NOTE: The person who made the request to admit cannot sign this
form as a mental health practitioner.".
17. Form of special warrant amended
In Schedule 3 to the Principal Regulations, for
"medical practitioner" (where twice occurring)
substitute "registered medical practitioner".
18. Schedule 3A inserted
After Schedule 3 to the Principal Regulations
insert—
"SCHEDULE 3A
Regulation 7
Mental Health Act 1986 (Section 85)
Mental Health Regulations 1987
REGISTER OF MAJOR NON-PSYCHIATRIC TREATMENT
for.................................................................................................................
approved mental health service
Major non-psychiatric treatment was performed on the following patients
during the month of ......................................19........
PRISM No Patient's family name, first initial
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Copies of written consents to major non-psychiatric treatment are attached for
all patients listed above.
......................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of *delegated/authorised psychiatrist
Signed.................................................................date....................................
*circle as necessary".
19. Schedule 10 substituted
For Schedule 10 to the Principal Regulations
substitute—
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20. Schedule 11 substituted
For Schedule 11 to the Principal Regulations
substitute—
"SCHEDULE 11
Regulation 15
Mental Health Act 1986 (Section 100)
Mental Health Regulations 1987
APPLICATION FOR REGISTRATION OF A COMMUNITY
SUPPORT SERVICE
To the Secretary
On behalf of..................................................................................................
NAME (BLOCK LETTERS) of association or organisation
of...................................................................................................................
Address of organisation
I wish to apply for registration of the *association/organisation as a community
support service under the Mental Health Act 1986.
(please cross)
Service is currently operating
Service will be operating
I declare that the registered community support service will operate in
accordance with the following principles:
• that people receiving the service are given the best possible care and
treatment appropriate to their needs in the least possible restrictive
environment and least possible intrusive manner consistent with the
effective giving of that care and treatment; and
• that provision is made for persons who are receiving the service to
participate in the planning, operation and evaluation of the service;
and
• that restrictions on and the interference with the rights, privacy,
dignity and self-respect of persons receiving the service are kept to the
minimum necessary in the circumstances; and
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• that there are adequate mechanisms for the assessment and review of
persons receiving the service; and
• that the service provided is accessible and flexible to meet the needs of
people with a mental disorder.
FOR ORGANISATIONS OTHER THAN REGISTERED FUNDED
AGENCIES UNDER THE HEALTH SERVICES ACT 1988
I enclose a copy of—
(i) the minutes authorising application for registration by the person
authorised to sign on behalf of the association or organisation; and
(ii) the memorandum and articles of association or constitution of the
organisation; and
(iii) a copy of the most recent annual report; and
(iv) a copy of the audited financial statements for the last financial
year.
......................................................................................................................
GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person authorised to sign on behalf of association or organisation
Position.........................................................................................................
Signed.................................................................date....................................
*circle as necessary".
21. Amendment of Schedule 13
In Schedule 13 to the Principal Regulations, for
"month" substitute "the month".
22. Revocation of Schedule 14
Schedule 14 to the Principal Regulations is
revoked.
23. Schedules 15 to 21 substituted
For Schedules 15, 16, 17, 18, 19, 20 and 21 to the
Principal Regulations substitute—
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"SCHEDULE 15
Regulation 20(2)
Mental Health Act 1986
Mental Health Regulations 1987
INVOLUNTARY PATIENT
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being an involuntary
patient in a mental health service or on a community treatment order;
• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing your
treatment with your psychiatrist or doctor;
• contact people by letter or phone;
• complain about your treatment;
• withdraw and spend money that is held in a trust account for you.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure is to help answer questions you might have about being in a
mental health service. Most importantly, it tells you what your legal rights are as
an Involuntary Patient under the Mental Health Act 1986.
A member of staff will talk to you about your rights and answer your questions.
If at any time you have questions about your rights, ask someone to explain. This
may be a member of staff, your case manager, a friend, relative or lawyer, or
your psychiatrist or doctor.
Why Am I Here?
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You have been admitted to a mental health service so you can receive treatment
for a mental illness. A doctor has recommended it because, in the doctor's
opinion:
• you appear to be mentally ill (mental illness is defined in the Mental
Health Act as a medical condition that is characterised by a significant
disturbance of thought, mood, perception or memory); and
• your mental illness requires immediate treatment and this can be
obtained in a mental health service; and
• because of your mental illness, you need to be admitted and kept here
for treatment as an involuntary patient for your health or safety
(whether to prevent a deterioration in your physical or mental condition
or otherwise) or for the protection of members of the public; and
• you have either refused or are unable to consent to the necessary
treatment; and
• there is no less restrictive way for you to receive adequate treatment for
your mental illness.
Within 24 hours of being admitted, a psychiatrist from the mental health service
will examine you to decide if all these reasons apply to you. If they do, you must
remain an involuntary patient.
If the psychiatrist does not believe all of these reasons apply to you, you will be
free to leave. However, if both you and the psychiatrist think you would benefit
from further treatment at the mental health service, you can ask to be allowed to
stay.
In some circumstances, you can be made an involuntary patient on a community
treatment order and you will not have to go to a mental health service. If this
happens, your psychiatrist will explain the reasons, tell you your rights and give
you the brochure Community Treatment Order and Restricted Community
Treatment Order.
What Will Happen To Me While I’m Here?
Treatment
It is your right to receive the best possible treatment while you are in this mental
health service. Your case manager and the members of the treating team will
provide you with treatment designed to meet your specific needs. They will
regularly discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services.
You have the right to be involved in planning your treatment and the treating
team will consider your preferences and concerns. However, if your psychiatrist
believes a particular psychiatric treatment is necessary, that treatment can be
given to you, even if you refuse. If this happens, your psychiatrist will explain
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why the treatment is necessary. You may have a friend or an advocate with you
when you are discussing your treatment with your doctor.
Generally, your family or primary carer (a relative or friend who is primarily
responsible for providing support or care to you) can only be given information
about your treatment and care if you agree. However, if a guardian, family
member or your primary carer needs information to care for you, a member of
the medical staff can give them the information, even if you don’t agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this or you can choose
your own psychiatrist. If you choose a private psychiatrist you may have to pay a
fee.
Medical Treatment
If a doctor suggests that you need medical or surgical treatment for a physical
condition and the treatment is a major non-psychiatric treatment or a major
medical procedure, you will be given the brochure Major Non-Psychiatric
Treatment and Major Medical Procedure which explains your rights.
Leave of Absence
When you are well enough, you may be allowed to leave the mental health
service for a short time (for example, a few hours, overnight or a weekend) to
visit family or friends or for some other purpose. If you would like to have leave,
you should talk to your case manager, doctor or psychiatrist. Your psychiatrist
will make the final decision about your request for leave.
Seclusion and Restraint
Seclusion
Seclusion is when a person is locked in a room alone for a period of time. This
only happens if it is necessary to protect the person or others from an immediate
or imminent risk to their health or safety or to prevent the person from
absconding. It is only used when other ways of ensuring safety have failed.
Mechanical Restraint
Mechanical restraint is the use of a device, such as a harness or straps, to restrict
a person’s freedom to move about. Restraint may be used to enable a person to
be medically treated, to prevent the person from causing injury to themself or
others or to prevent the person from continuing to destroy property.
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior nurse on duty. They can only be used for as
long as the above reasons apply.
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23
If you are put in seclusion or restrained, staff must give you appropriate bedding,
clothing, food and drink when you want them, and provide you with adequate
toilet arrangements, including the opportunity to wash.
A registered nurse must review your physical and mental condition at least every
15 minutes. If you are being restrained you must be monitored continuously. A
doctor must examine you at least every 4 hours unless your psychiatrist thinks
less frequent examinations are appropriate.
Transfer
If your psychiatrist believes that you would benefit from moving to a different
mental health service or a transfer is necessary for your treatment, you may be
transferred. If you do not want to be transferred, you should talk to your
psychiatrist or you can appeal to the Mental Health Review Board.
Community Treatment Order
If your psychiatrist believes that you are well enough to live in the community
while you receive the treatment you need, you may be placed on a community
treatment order. You will still be an involuntary patient, even though you will be
living in the community. To find out more about community treatment orders
you can ask a staff member or your case manager to explain them and give you
the brochure Community Treatment Order and Restricted Community Treatment
Order.
When Can I Leave?
If at any time you want to be discharged from the mental health service, you
should talk to your psychiatrist or doctor, or you can appeal to the Mental Health
Review Board.
If your psychiatrist believes that any of the reasons listed under Why Am I Here?
no longer apply to you, you must be discharged as an involuntary patient and
you will be free to leave. However, if both you and your psychiatrist think that
you are benefiting from the treatment you are getting at the mental health
service, you can ask to stay.
Your Rights to Appeal and Review
You have the right to appeal to the Mental Health Review Board against being
an involuntary patient at any time. If you want to appeal, ask a member of staff
for an Appeal Form, fill it in and ask the staff member to send it to the Board. If
you need help to fill in the form, ask a friend, relative, lawyer, member of staff or
community visitor to assist you. If no appeal form is available, you can write a
letter to the Board which sets out your name, the name of the mental health
service and what you want to appeal about. The Board must hear your appeal
without delay. To find out more about the Board, ask for the brochure Mental
Health Review Board or call the Board on [insert telephone number].
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24
Whether or not you appeal to the Board, it will review you within 8 weeks of
your admission as an involuntary patient. If you remain as an involuntary patient,
you will be reviewed at least every 12 months.
If you are discharged by the Board, you will no longer be an involuntary patient
and you will be free to leave the mental health service. You can then discuss
continuing treatment with your case manager or psychiatrist.
Can I Complain?
While you are in this mental health service, it is your right to be treated with
dignity and respect and to be protected from abuse. If you are unhappy about
anything that happens while you are here, you have a right to complain. A good
place to start is with your case manager, the senior nurse in your ward, the
complaints liaison officer, your treating doctor or the Director of Psychiatry at
the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
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Mental Health (Amendment) Regulations 1996
25
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 16
Regulation 20(3)
Mental Health Act 1986
Mental Health Regulations 1987
HOSPITAL ORDER PATIENT
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being a hospital
order patient in a mental health service or on a restricted community
treatment order;
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• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing your
treatment with your psychiatrist or doctor;
• contact people by letter or phone;
• complain about your treatment;
• withdraw and spend money that is held in a trust account for you.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure is to help answer questions you might have about being in a
mental health service. Most importantly, it tells you what your rights are under
the Mental Health Act 1986 as a Hospital Order Patient under the Sentencing
Act 1991.
A member of staff will talk to you about your rights and answer your questions.
If at any time you have questions about your rights, ask someone to explain. This
may be a member of staff, your case manager, a friend, relative or lawyer, or
your psychiatrist or doctor.
Why Am I Here?
You have been admitted to a mental health service so you can receive treatment
for a mental illness.
A psychiatrist has examined you and found that:
• you appear to be mentally ill and require treatment for your illness
(mental illness is defined in the Mental Health Act as a medical
condition that is characterised by a significant disturbance of thought,
mood, perception or memory); and
• the treatment you need can be obtained in a mental health service; and
• because of your mental illness, you need to be admitted and kept here
for treatment as an involuntary patient for your health or safety
(whether to prevent a deterioration in your physical or mental condition
or otherwise) or for the protection of members of the public.
There are 4 ways in which you may have been admitted as a hospital order
patient. A member of staff will tell you which of the following applies to you
and tick the correct box.
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1. As a prisoner or youth detainee, you have been transferred here by
order of the Commissioner, Correctional Services, the Secretary,
Department of Human Services or the Chief Commissioner of Police.
2. You have been found guilty of an offence and the court ordered that
you be assessed in a mental health service for up to 72 hours before
being returned to court.
3. You have been found guilty of an offence and the court ordered that
you be diagnosed, assessed and treated in a mental health service for up
to 3 months before being returned to court.
4. You have been found guilty of an offence and the court ordered that
you be admitted to and detained in a mental health service as an
involuntary patient instead of receiving a sentence.
What Will Happen To Me While I'm Here?
Treatment
It is your right to receive the best possible treatment while you are in this mental
health service. Your case manager and the members of the treating team will
provide you with treatment designed to meet your specific needs. They will
regularly discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services.
You have the right to be involved in planning your treatment and the treating
team will consider your preferences and concerns. However, if your psychiatrist
believes a particular psychiatric treatment is necessary, that treatment can be
given to you, even if you refuse. If this happens, your psychiatrist will explain
why the treatment is necessary. You may have a friend or an advocate with you
when you are discussing your treatment with your doctor.
Generally, your family or primary carer (a relative or friend who is primarily
responsible for providing support or care to you) can only be given information
about your treatment and care if you agree. However, if a guardian, family
member or your primary carer needs information to care for you, a member of
the medical staff can give them the information, even if you don’t agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this or you can choose
your own psychiatrist. If you choose a private psychiatrist you may have to pay
a fee.
Medical Treatment
If a doctor suggests that you need medical or surgical treatment for a physical
condition and the treatment is a major non-psychiatric treatment or a major
medical procedure, you will be given the brochure Major Non-Psychiatric
Treatment and Major Medical Procedure which explains your rights.
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Leave of Absence
When you are well enough, you may be allowed to leave the mental health
service for a short time (for example, a few hours, overnight or a weekend) to
visit family or friends or for some other purpose. If you would like to have leave,
you should talk to your case manager, doctor or psychiatrist. Your psychiatrist
will make the final decision about your request for leave.
Seclusion and Restraint
Seclusion
Seclusion is when a person is locked in a room alone for a period of time. This
only happens if it is necessary to protect the person or others from an immediate
or imminent risk to their health or safety or to prevent the person from
absconding. It is only used when other ways of ensuring safety have failed.
Mechanical Restraint
Mechanical restraint is the use of a device, such as a harness or straps, to restrict
a person's freedom to move about. Restraint may be used to enable a person to
be medically treated, to prevent the person from causing injury to themself or
others or to prevent the person from continuing to destroy property.
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior nurse on duty. They can only be used for as
long as the above reasons apply.
If you are put in seclusion or restrained, staff must give you appropriate bedding,
clothing, food and drink when you want them, and provide you with adequate
toilet arrangements, including the opportunity to wash.
A registered nurse must review your physical and mental condition at least every
15 minutes. If you are being restrained you must be monitored continuously. A
doctor must examine you at least every 4 hours unless your psychiatrist thinks
less frequent examinations are appropriate.
Transfer
If your psychiatrist believes that you would benefit from moving to a different
mental health service or a transfer is necessary for your treatment, you may be
transferred. If you do not want to be transferred, you should talk to your
psychiatrist or you can appeal to the Mental Health Review Board.
Restricted Community Treatment Orders
If you were admitted as described in point 4 under Why Am I Here? and your
psychiatrist and the chief psychiatrist believe that you are well enough to live in
the community while you receive the treatment you need, you may be placed on
a restricted community treatment order. You will still be an involuntary patient,
even though you will be living in the community. To find out more about
restricted community treatment orders you can ask a member of staff or your
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case manager to explain them and give you the brochure Community Treatment
Order and Restricted Community Treatment Order.
When Can I Leave?
If at any time you want to be discharged from the mental health service, you
should talk to your psychiatrist or doctor, or you can appeal to the Mental Health
Review Board.
How you can leave depends on how you became a hospital order patient. A
member of staff will tell you which of the following applies to you and tick the
correct box.
If you were transferred here as a prisoner or youth detainee as
described in point 1 under Why Am I Here?, you can only be held in
this mental health service while you remain a prisoner or youth
detainee. If the term of your sentence ends, or you are released from
custody by a court, or you are granted bail, you can no longer be treated
as an involuntary patient. You can then discuss continuing treatment
with your psychiatrist or case manager.
You can also ask the Mental Health Review Board or the chief
psychiatrist or your psychiatrist to review you at any time, and if they
believe that any of the reasons listed under Why Am I Here? no longer
apply to you, you must be discharged as an involuntary patient and
returned to your original place of detention.
If you were admitted to the mental health service by a court order as
described in points 2 or 3 under Why Am I Here? and the Mental
Health Review Board or the chief psychiatrist or your psychiatrist
believes that any of the reasons listed under Why Am I Here? no longer
apply to you, you must be discharged as an involuntary patient and
returned to the court for sentencing or other order.
At the end of the time specified in the order, you will be returned to the
court for sentencing or other order.
If you were admitted to the mental health service by a court order as
described in point 4 under Why Am I Here? and the Mental Health
Review Board or the chief psychiatrist believes that any of the reasons
listed under Why Am I Here? no longer apply to you, you must be
discharged as an involuntary patient and you will be free to leave. You
can then discuss continuing treatment with your case manager or
psychiatrist.
Your Rights to Appeal and Review
You have the right to appeal to the Mental Health Review Board against being
an involuntary patient at any time. If you want to appeal, ask a member of staff
for an Appeal Form, fill it in and ask the member of staff to send it to the Board.
If you need help to fill in the form, ask a friend, relative, solicitor, member of
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staff or community visitor to assist you. If no appeal form is available, you can
write a letter to the Board which sets out your name, the name of the mental
health service and what you want to appeal about. The Board must hear your
appeal without delay. To find out more about the Board, ask for the brochure
Mental Health Review Board or call the Board on [insert telephone number].
Whether or not you appeal to the Board, it will review you within 8 weeks of
your admission as a hospital order patient. If you remain as a hospital order
patient, you will be reviewed at least every 12 months.
Can I Complain?
While you are in this mental health service, it is your right to be treated with
dignity and respect and to be protected from abuse. If you are unhappy about
anything that happens while you are here, you have a right to complain. A good
place to start is with your case manager, the senior nurse in your ward, the
complaints liaison officer, your treating doctor or the Director of Psychiatry at
the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
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31
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
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SCHEDULE 17
Regulation 20(4)
Mental Health Act 1986
Mental Health Regulations 1987
SECURITY PATIENT
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being a security
patient;
• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing your
treatment with your psychiatrist or doctor;
• contact people by letter or phone, unless your psychiatrist has applied a
security condition to you;
• complain about your treatment;
• withdraw and spend money that is held in a trust account for you.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure is to help answer questions you might have about being in a
mental health service. Most importantly, it tells you what your legal rights are as
a Security Patient under the Mental Health Act 1986.
A member of staff will talk to you about your rights and answer your questions.
If at any time you have questions about your rights, you should ask someone to
explain. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
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Mental Health (Amendment) Regulations 1996
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Why Am I Here?
You have been admitted to a mental health service so you can receive treatment
for a mental illness.
A psychiatrist has examined you and found that:
• you appear to be mentally ill and require treatment for your illness
(mental illness is defined in the Mental Health Act as a medical
condition that is characterised by a significant disturbance of thought,
mood, perception or memory); and
• the treatment you need can be obtained in a mental health service; and
• because of your mental illness, you need to be admitted and kept here
for treatment for your health or safety (whether to prevent a
deterioration in your physical or mental condition or otherwise) or for
the protection of members of the public.
There are 3 ways you may have been admitted as a security patient. A member
of staff will tell you which of the following applies to you and tick the correct
box.
1. You have been transferred to a mental health service from prison,
police cells, a youth training centre, a remand centre or a youth
residential centre by either the Commissioner, Correctional Services or
the Secretary, Department of Human Services, or the Chief
Commissioner of Police.
2. You have been found guilty of an offence and the court has sentenced
you to be admitted to and detained in a mental health service on a
hospital security order for the time specified in the order.
3. You have been found not guilty of an offence by reason of insanity or
you have been found unfit to plead and are detained until the
Governor's Pleasure is known or during the Governor's Pleasure.
What Will Happen To Me While I'm Here?
Treatment
It is your right to receive the best possible treatment while you are in this mental
health service. Your case manager and the members of the treating team will
provide you with treatment designed to meet your specific needs. They will
regularly discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services.
You have the right to be involved in planning your treatment and the treating
team will consider your preferences and concerns. However, if your psychiatrist
believes a particular psychiatric treatment is necessary, that treatment can be
given to you, even if you refuse. If this happens, your psychiatrist will explain
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Mental Health (Amendment) Regulations 1996
34
why the treatment is necessary. You may have a friend or an advocate with you
when you are discussing your treatment with your doctor.
Generally, your family or primary carer (a relative or friend who is primarily
responsible for providing support or care to you) can only be given information
about your treatment and care if you agree. However, if a guardian, family
member or your primary carer needs information to care for you, a member of
the medical staff can give them the information, even if you don’t agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this or you can choose
your own psychiatrist. If you choose a private psychiatrist you may have to pay a
fee.
Medical Treatment
If a doctor suggests that you need medical or surgical treatment for a physical
condition and the treatment is a major non-psychiatric treatment or a major
medical procedure, you will be given the brochure Major Non-Psychiatric
Treatment and Major Medical Procedure which explains your rights.
Leave of Absence
When you are well enough, the chief psychiatrist may allow you leave of
absence from the mental health service, with such security conditions as are
considered necessary. There are two kinds of leave: special leave of absence and
leave of absence.
Special leave of absence cannot exceed 24 hours and is for specific purposes.
You can apply to the chief psychiatrist stating the special circumstances for
which special leave is required. If the chief psychiatrist is satisfied there are
special circumstances and the safety of members of the public will not be
seriously endangered, the special leave must be granted.
Leave of absence is approved by the chief psychiatrist and may be allowed for
any appropriate purpose and period of time, provided the safety of members of
the public will not be seriously endangered.
If you would like to have leave, you should talk to your case manager, doctor or
psychiatrist about how to make an application. If you are refused leave by the
chief psychiatrist, you can appeal to the Mental Health Review Board.
Seclusion and Restraint
Seclusion
Seclusion is when a person is locked in a room alone for a period of time. This
only happens if it is necessary to protect the person or others from an immediate
or imminent risk to their health or safety or to prevent the person from
absconding. It is only used when other ways of ensuring safety have failed.
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Mental Health (Amendment) Regulations 1996
35
Mechanical Restraint
Mechanical restraint is the use of a device, such as a harness or straps, to restrict
a person's freedom to move about. Restraint may be used to enable a person to
be medically treated, to prevent the person from causing injury to themself or
others or to prevent the person from continuing to destroy property.
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior nurse on duty. They can only be used for as
long as the above reasons apply.
If you are put in seclusion or restrained, staff must give you appropriate bedding,
clothing, food and drink when you want them, and provide you with adequate
toilet arrangements, including the opportunity to wash.
A registered nurse must review your physical and mental condition at least every
15 minutes. If you are being restrained you must be monitored continuously. A
doctor must examine you at least every 4 hours unless your psychiatrist thinks
less frequent examinations are appropriate.
Transfer
If the chief psychiatrist believes that you would benefit from moving to a
different mental health service or a transfer is necessary for your treatment, you
may be transferred. If you do not want to be transferred, you should talk to your
psychiatrist or you can appeal to the Mental Health Review Board.
Security Conditions
While you are in the mental health service, you are in the custody of your
psychiatrist who may apply such security conditions to you as are considered
necessary—for example, limit your phone calls or open your mail.
When Can I Leave?
If at any time you want to be discharged from the mental health service, you
should talk to your psychiatrist or doctor, or you can appeal to the Mental Health
Review Board.
You can be held in this mental health service as a security patient only as long as
you are legally able to be held at your original place of detention. If the term of
your sentence ends, or you are released from custody by a court or the Governor
in Council, or you are granted bail, you can no longer be treated as a security
patient. You can then discuss continuing treatment with your psychiatrist or case
manager.
If the chief psychiatrist believes that any of the reasons listed under Why Am I
Here? no longer apply to you, you may be discharged as a security patient and
returned to your original place of detention. If you are here as a hospital security
order patient, you will be discharged and sent to prison to serve the rest of your
sentence.
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Your Rights to Appeal and Review
You have the right to appeal to the Mental Health Review Board against being a
security patient at any time. If you want to appeal, ask a member of staff for an
Appeal Form, fill it in and ask the member of staff to send it to the Board. If you
need help to fill in the form, ask a friend, relative, solicitor, member of staff or
community visitor to assist you. If no appeal form is available, you can write a
letter to the Board which sets out your name, the name of the mental health
service and what you want to appeal about. The Board must hear your appeal
without delay. To find out more about the Board, ask for the brochure Mental
Health Review Board or call the Board on [insert telephone number].
Whether or not you appeal to the Board, it will review you within 8 weeks of
your admission as a security patient. If you remain as a security patient, you will
be reviewed at least every 12 months.
If you are discharged by the Board, you will be returned to your original place of
detention. If you are here as a hospital security order patient, you will be
discharged and sent to prison to serve the rest of your sentence.
Can I Complain?
While you are in this mental health service, it is your right to be treated with
dignity and respect and to be protected from abuse. If you are unhappy about
anything that happens while you are here, you have a right to complain. A good
place to start is with your case manager, the senior nurse in your ward, the
complaints liaison officer, your treating doctor or the Director of Psychiatry at
the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
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Mental Health (Amendment) Regulations 1996
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• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
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SCHEDULE 18
Regulation 20(5)
Mental Health Act 1986
Mental Health Regulations 1987
ELECTROCONVULSIVE THERAPY
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• obtain a second opinion from a psychiatrist of your choice about
whether you need ECT;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing ECT
with your psychiatrist or doctor;
• complain about your treatment.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure has been given to you because your psychiatrist has recommended
that you would benefit from a course of Electroconvulsive Therapy (ECT). Most
importantly, it tells you what your legal rights are under the Mental Health Act
1986 in relation to ECT.
Your psychiatrist or a member of clinical staff will talk to you about your rights
and answer your questions. If at any time you have questions about ECT or your
rights, ask someone to explain. This may be your psychiatrist, doctor, case
manager, a friend, relative, lawyer or an advocate.
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Electroconvulsive Therapy (ECT)
What is ECT?
ECT is a procedure in which generalised seizures, induced by the passage of an
electrical current through the brain under general anaesthesia, and muscle
relaxation are used for therapeutic purposes. The most common use for ECT is
in the treatment of people with severe depression, but it is sometimes used to
treat other mental illnesses such as mania, schizophrenia, catatonia and other
neuropsychiatric conditions.
Before recommending ECT, your psychiatrist will arrange for you to have a
thorough physical, psychiatric and psychological examination. The psychiatrist
will also explain the treatment, how it works, discuss possible side-effects,
alternative treatments, ask your views and answer any questions you might have
about the treatment.
Second Opinion
It is your right to get a second opinion about whether you need ECT. Your case
manager or psychiatrist can arrange this or you can choose your own
psychiatrist. If you choose a private psychiatrist you may have to pay a fee.
Advocacy
When you are discussing ECT with your psychiatrist, it is your right to have a
friend, relative, lawyer or an advocate with you for support or to represent you.
Do I Have To Have ECT?
If your psychiatrist believes that you are able to give informed consent, you can
only be given ECT if you agree. If you are able to give informed consent, you
have the right to refuse ECT.
What Is Informed Consent?
Informed consent is when you agree to have ECT after you have been told and
understood the following:
• what ECT involves; and
• the benefits, discomforts and risks of ECT; and
• beneficial alternative treatments; and
• the answers to any questions you have about ECT; and
• whether the person recommending ECT or the doctor who will perform
the ECT has any financial relationship with the service, hospital or
clinic where the ECT will be given; and
• your legal rights and other entitlements.
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Before you decide whether you want to have ECT, it is important that you are
well informed. If you have any questions, you should ask your psychiatrist or
seek advice from a friend, relative, lawyer or an advocate, or one of the
organisations listed at the end of this brochure.
It is your right to be represented by an advocate or a lawyer before you consent
to the ECT.
If you agree to have ECT, you will be asked to sign a form to say you have given
informed consent.
Your psychiatrist will discuss with you how many treatments are recommended.
You may consent to have up to 6 treatments. If your doctor believes you need
more than the initial 6 treatments you will be asked to consent to each further
course of up to 6 treatments.
What If I Change My Mind?
If you agree to have ECT, but then change your mind, you can withdraw your
consent at any time and the treatments will be stopped, unless your psychiatrist
believes that you are not able to give informed consent.
What If I Am Not Able To Give Informed Consent?
If your psychiatrist believes you are not able to give informed consent and ECT
is necessary or if ECT is urgently needed, your psychiatrist can consent for you,
even if you refuse. If this happens, your psychiatrist should explain to you why
the treatment is necessary or urgent.
Before giving you ECT without your consent your psychiatrist must make all
reasonable efforts to notify your primary carer (a relative or friend who is
primarily responsible for providing support or care to you) or your guardian (if
you have one) about the proposed ECT.
Can I Complain?
It is your right to be treated with dignity and respect and to be protected from
abuse. If you are unhappy about any part of your treatment you have a right to
complain. A good place to start is with your case manager, a member of staff, the
complaints liaison officer, your doctor or psychiatrist or the Director of
Psychiatry at the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
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for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. The Centre can give
you advice about your legal rights in relation to ECT. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
including your rights in relation to ECT, legal assistance if you cannot
afford a private solicitor and may be able to assist with legal
representation at Mental Health Review Board hearings. You can
contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
The chief psychiatrist monitors the use of ECT in Victoria. If you have
a specific concern about ECT, you can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
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[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 19
Regulation 20(6)
Mental Health Act 1986
Mental Health Regulations 1987
PSYCHOSURGERY
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• obtain a second opinion from a psychiatrist of your choice about
whether you need psychosurgery;
• say "No" to psychosurgery;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing
psychosurgery with your psychiatrist or doctor;
• withdraw your consent at any time before psychosurgery is performed;
• complain about your treatment.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure has been given to you because your psychiatrist has recommended
that you would benefit from Psychosurgery. Most importantly, it tells you what
your legal rights are under the Mental Health Act 1986 in relation to
psychosurgery.
Your psychiatrist or a member of clinical staff will talk to you about your rights
and answer your questions. If at any time you have questions about
psychosurgery or your rights, ask someone to explain. This may be your
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psychiatrist, neurosurgeon or doctor, your case manager, a friend, relative,
lawyer or an advocate.
You can also get information from the Psychosurgery Review Board at:
[insert appropriate address and telephone and facsimile numbers]
Psychosurgery
What is Psychosurgery?
Psychosurgery is an operation on the brain and may be used to treat people with
severe psychiatric disorders which have not responded to other treatments.
Examples of the disorders are major depression, obsessive compulsive disorder
or severe anxiety disorder where these have caused extreme distress for the
person suffering from the illness. Its use is limited and is subject to strict control
by the Psychosurgery Review Board.
Before recommending psychosurgery, your psychiatrist and neurosurgeon will
give you a thorough physical, psychiatric and psychological examination, taking
into account your illness, its severity and your medical history. You may be
referred to a major teaching hospital for further evaluation of treatment.
Your psychiatrist will explain the treatment, the procedures, how it works,
discuss possible side-effects, ask your views and answer any questions you
might have about the treatment.
Second Opinion
It is your right to get a second opinion about whether you need psychosurgery.
Your case manager, psychiatrist or neurosurgeon can arrange this or you can
choose your own doctor. If you choose a private doctor you may have to pay a
fee.
Advocacy
When you are discussing psychosurgery with your psychiatrist or neurosurgeon,
it is your right to have a friend, relative, lawyer or an advocate with you for
support or to represent you.
Do I Have To Have Psychosurgery?
You will only be considered for psychosurgery if you give informed consent to
the treatment.
You have the right to refuse psychosurgery.
What Is Informed Consent?
Informed consent is when you agree to have psychosurgery after you have been
told and understood the following:
• what psychosurgery involves; and
• the benefits, discomforts and risks of psychosurgery; and
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• beneficial alternative treatments; and
• the answers to any questions you have about psychosurgery; and
• whether the person recommending psychosurgery or the neurosurgeon
who will perform the psychosurgery has any financial relationship with
the service, hospital or clinic where the proposed psychosurgery will be
performed; and
• your legal rights and other entitlements.
Before you decide whether you want to have psychosurgery, it is important that
you are well informed. If you have any questions, you should ask your
psychiatrist or neurosurgeon or seek advice from a friend, relative, lawyer or an
advocate, or one of the organisations listed at the end of this brochure.
It is your right to be represented by an advocate or a lawyer before you consent
to psychosurgery.
If you agree to have psychosurgery, you will be asked to sign a form to say you
have given informed consent and your psychiatrist will then apply to the
Psychosurgery Review Board to obtain its consent. The Psychosurgery Review
Board makes the final decision.
What If I Change My Mind?
If you agree to have psychosurgery, but then change your mind, you can
withdraw your consent at any time and the psychosurgery will not proceed.
Psychosurgery Review Board
What Is The Board?
The Psychosurgery Review Board is an independent board which was set up
with the purpose of deciding whether psychosurgery should be performed on
any person in the state of Victoria. The Psychosurgery Review Board must
consent before any person can have psychosurgery. You cannot have
psychosurgery if the Psychosurgery Review Board does not consent.
When the Psychosurgery Review Board receives an application from your
psychiatrist for you to have psychosurgery, it will arrange a hearing to decide
whether you should have psychosurgery.
How Will I Find Out About The Hearing?
At least 10 days before the hearing, the Psychosurgery Review Board will send
you a notice advising the date, time and place of the hearing and the nature of the
proceedings. You are encouraged to attend the hearing. You can arrange to have
a lawyer, friend or relative attend to offer support or speak for you. If you are
unable to attend the hearing you should tell the Board as soon as possible.
What Will Happen At The Hearing?
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The hearing will be held by 4 or 5 Board members—usually a lawyer, 1 or 2
psychiatrists, a neurosurgeon and a nominee of the Victorian Council for Civil
Liberties.
The hearing will be private and informal. Before the hearing, you or your
representative will be given copies of the application and all supporting
documents. Your psychiatrist will provide information at the hearing about why
you should have psychosurgery. You and your representative will be able to ask
questions and to give evidence. The neurosurgeon may be present if it is
considered necessary by the Board.
How Will The Board Decide If I Should Have Psychosurgery?
The Board must be satisfied that:
• you are capable of giving informed consent;
• you have actually given informed consent;
• the proposed psychosurgery has clinical merit and is appropriate;
• the person proposing to perform the psychosurgery is properly
qualified;
• the hospital or service where the proposed psychosurgery would be
performed is an appropriate place;
• all other reasonable treatments have already been tried without
sufficient and lasting benefit.
If the Board is satisfied as to these matters it will consent to you having
psychosurgery. If it is not satisfied, it must refuse to give its consent.
What Happens After The Hearing?
When the Psychosurgery Review Board has heard the evidence, it will make its
decision.
If the Board consents to you having psychosurgery, it will specify:
• the name of the neurosurgeon authorised to perform the psychosurgery;
• the nature of the psychosurgery to be performed;
• the hospital or service where the psychosurgery is to be performed;
• the time within which the psychosurgery is to be performed.
You will be given a copy of the Board’s consent in writing.
If the Board refuses to give consent, you cannot have psychosurgery and you
will be advised of this in writing.
If you have psychosurgery, the Board will ensure that your progress is regularly
monitored.
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Can I Complain?
It is your right to be treated with dignity and respect and to be protected from
abuse. If you are unhappy about any part of your treatment, you have a right to
complain. A good place to start is with your case manager, a member of staff, the
complaints liaison officer, your doctor, psychiatrist or neurosurgeon or the
Director of Psychiatry at the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. The Centre can give
you advice about your legal rights in relation to psychosurgery. It may
be able to arrange representation for you at Psychosurgery Review
Board hearings or about other legal matters. You can contact the
Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
including your rights in relation to psychosurgery, legal assistance if
you cannot afford a private solicitor and may be able to assist with legal
representation at Psychosurgery Review Board hearings. You can
contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
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[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 20
Regulation 20(7)
Mental Health Act 1986
Mental Health Regulations 1987
COMMUNITY TREATMENT ORDER AND RESTRICTED
COMMUNITY TREATMENT ORDER
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being on a
community treatment order or restricted community treatment order;
• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
• have a friend or relative represent you;
• have someone of your choice with you when you are discussing your
treatment with your psychiatrist or doctor;
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• complain about your treatment.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure is to help answer questions you might have about being on a
community treatment order (CTO) or a restricted community treatment order
(RCTO). Most importantly, it tells you your rights under the Mental Health Act
1986 in relation to these orders.
A member of staff will talk to you about the order and explain your rights. You
will be given a copy of the order. If at any time you have questions about the
order or your rights, ask someone to explain. This may be a member of staff,
your case manager, a friend, relative or lawyer, or your psychiatrist or doctor.
What Is A Community Treatment Order/Restricted Community
Treatment Order?
CTOs and RCTOs are orders which enable some involuntary patients to live in
the community while they receive necessary treatment for their mental illness.
Why Am I On An Order?
You are on an order because your psychiatrist believes you need treatment for a
mental illness, but at this time the treatment can be provided while you live in the
community. You are still an involuntary patient, even though you are living in
the community.
Community Treatment Order
Involuntary Patient
You are on a CTO because your psychiatrist believes that:
• you appear to be mentally ill (mental illness is defined in the Mental
Health Act as a medical condition that is characterised by a significant
disturbance of thought, mood, perception or memory); and
• your mental illness requires immediate treatment and this can be
obtained on a CTO; and
• because of your mental illness, you need to be on a CTO for your
health or safety (whether to prevent a deterioration in your physical or
mental condition or otherwise) or for the protection of members of the
public; and
• you have either refused or are unable to consent to the necessary
treatment; and
• there is no less restrictive way for you to receive adequate treatment for
your mental illness.
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In some circumstances, you can be made an involuntary patient on a CTO and
you will not have to go to a mental health service. If this has happened your
psychiatrist will explain the reasons, tell you your rights and give you the
brochure Involuntary Patient.
Restricted Community Treatment Order
Hospital Order Involuntary Patient
You are on a RCTO because the chief psychiatrist believes that:
• you appear to be mentally ill and require treatment for your illness
(mental illness is defined in the Mental Health Act as a medical
condition that is characterised by a significant disturbance of thought,
mood, perception or memory); and
• the treatment you need can be obtained on a RCTO; and
• because of your mental illness, you need to be on a RCTO for your
health or safety (whether to prevent a deterioration in your physical or
mental condition or otherwise) or for the protection of members of the
public.
The Mental Health Review Board must approve a RCTO before it can take
effect.
What Will Happen To Me While I Am On The Order?
Planning for the Order
Your psychiatrist will talk to you about the order. You have the right to be
involved in planning the order. The plan will include an assessment about your
needs for continuing treatment and support in the community and the best way
these can be met. Your preferences will be taken into consideration—for
example, you may have a particular doctor that you wish to supervise the order.
Conditions of the Order
A community treatment order will name the psychiatrist who is to monitor your
treatment and the doctor who is to supervise it, where you will receive the
treatment and how long the order will last. The CTO may also state where you
must live if this is considered necessary for the treatment of your illness.
If you are unhappy with any of the conditions, you should talk to your
psychiatrist or you can appeal to the Mental Health Review Board.
A restricted community treatment order will state which psychiatrist is going to
supervise your treatment, where and how often you will receive it, and how long
the order will last. The chief psychiatrist may also include any other conditions
that are necessary.
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The conditions of your CTO or RCTO may be varied from time to time—for
example, as your mental illness improves, you may need to see the doctor less
often. Your psychiatrist will discuss this with you.
The order can be made for a period of up to 12 months, but can be extended if
the psychiatrist who made the order believes the reasons listed under Why Am I
On An Order still apply to you. There is no limit to the number of times an order
can be extended.
Treatment
It is your right to receive the best possible treatment while you are on an order.
Your case manager and the members of the treating team will provide you with
treatment designed to meet your specific needs. They will regularly discuss with
you your diagnosis, medication, methods of treatment, alternative treatments and
available services.
You have the right to be involved in planning your treatment and the treating
team will consider your preferences and concerns. However, if your psychiatrist
believes a particular psychiatric treatment is necessary, that treatment can be
given to you, even if you refuse. If this happens, your psychiatrist will explain
why the treatment is necessary. You may have a friend or an advocate with you
when you are discussing your treatment with your doctor.
Generally, your family or primary carer (a relative or friend who is primarily
responsible for providing support or care to you) can only be given information
about your treatment and care if you agree. However, if a guardian, family
member or your primary carer needs information to care for you, a member of
the medical staff can give them the information, even if you don't agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this or you can choose
your own psychiatrist. If you choose a private psychiatrist you may have to pay a
fee.
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Medical Treatment
If a doctor suggests that you need medical or surgical treatment for a physical
condition and the treatment is a major non-psychiatric treatment or a major
medical procedure, you will be given the brochure Major Non-Psychiatric
Treatment and Major Medical Procedure which explains your rights.
When Does The Order Finish?
Discharge
If at any time you want to be discharged from the order, you should talk to your
doctor or psychiatrist, or you can appeal to the Mental Health Review Board.
If any one of the reasons listed under Why Am I On An Order? no longer apply
to you and you no longer need treatment as an involuntary patient, the
psychiatrist who made the order or the Mental Health Review Board must
discharge you from the order and you will be free to choose whether you want to
continue your treatment. You can then discuss continuing treatment with your
case manager or psychiatrist.
Your Rights to Appeal and Review
You have the right to appeal to the Mental Health Review Board against the
order at any time. If you want to appeal, ask a member of staff for an Appeal
Form, fill it in and send it to the Board. If no appeal form is available, you can
write a letter to the Board which sets out your name, the name of the mental
health service and what you want to appeal about. The Board must hear your
appeal without delay. To find out more about the Board, ask for the brochure
Mental Health Review Board or call the Board on [insert telephone number].
Whether or not you appeal to the Board, it will review you within 8 weeks of
you being made an involuntary patient. If you remain as an involuntary patient,
you will be reviewed at least every 12 months or whenever your CTO or RCTO
is extended.
If you are discharged by the Board, you will no longer be on the order and you
will be free to choose whether you want to continue your treatment. You can
then discuss continuing treatment with your case manager or psychiatrist.
Revoking the Order
If you do not comply with the conditions of the order, or if the psychiatrist who
made the order or the Mental Health Review Board believe that your illness
would be better treated in a mental health service, they may revoke the order and
you must return to the mental health service. If this happens, reasonable efforts
will be made to tell you that the order has been revoked.
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Can I Complain?
While you are on an order, it is your right to be treated with dignity and respect
and to be protected from abuse. If you are unhappy about anything that happens
while you are on the order, you have a right to complain. A good place to start is
with your case manager, the complaints liaison officer, the manager of the
community mental health service, your treating doctor or the Director of
Psychiatry at the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment
order or restricted community treatment order. It also automatically
reviews involuntary and security patients. You can contact the
Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and
facilities for the treatment and care of patients, investigate complaints
and report on their inquiries and investigations. You can contact
them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
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[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 20A
Regulation 20(7A)
Mental Health Act 1986
Mental Health Regulations 1987
CONTINUING TREATMENT INVOLUNTARY PATIENT
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being a continuing
treatment involuntary patient;
• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing your
treatment with your psychiatrist or doctor;
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• contact people by letter or phone;
• complain about your treatment;
• withdraw and spend money that is held in a trust account for you.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure is to help answer questions you might have about being in a
mental health service. Most importantly, it tells you what your legal rights are as
a Continuing Treatment Involuntary Patient under the Mental Health Act 1986.
A member of staff will talk to you about your rights and answer your questions.
If at any time you have questions about your rights, ask someone to explain. This
may be a member of staff, your case manager, a friend, relative or lawyer, or
your psychiatrist or doctor.
Why Am I Here?
You have been admitted to a mental health service so you can receive treatment
for a mental disorder.
You were first admitted and detained in the mental health service as an
Involuntary Patient and your admission was confirmed by a psychiatrist. Your
psychiatrist or the chief psychiatrist has now examined you and believes that:
• you appear to have a mental disorder; and
• you would cause serious physical harm to yourself if not detained and
treated in a mental health service; and
• treatment can be obtained for your mental disorder in the mental health
service.
To decide these things, they will talk with you, consider your recent behaviour
and may seek information from members of the treating team, a relative, your
primary carer or guardian (if you have one).
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Application For Continuing Treatment
Application By Your Psychiatrist
If your psychiatrist believes that all of the reasons listed under Why Am I Here?
apply to you, your psychiatrist may apply to the chief psychiatrist for your
detention to be continued for a period of up to 3 months. After receiving the
application, the chief psychiatrist will notify the Secretary to the Department of
Human Services about the application.
Application By The Chief Psychiatrist
If the chief psychiatrist believes that all of the reasons listed under Why Am I
Here? apply to you and your psychiatrist has not made an application, the chief
psychiatrist may apply to the Secretary to the Department of Human Services for
your detention to be continued for a period of up to 3 months.
What Happens After An Application is Made?
The Secretary will arrange for a committee of 3 psychiatrists to decide whether
to agree to the application. The chief psychiatrist will be a member of the
committee and there will be 2 other independent psychiatrists.
Each member of the committee will examine you to decide whether you should
continue to be detained or not. The committee must make its decision within 7
days of the application being made; if it does not you will be discharged.
If the committee believes that all of the reasons listed under Why Am I Here?
apply to you, you must remain as a Continuing Treatment Involuntary Patient.
The committee will consent to your continuing detention and treatment for a
period of up to 3 months. At the end of the time, your psychiatrist or the chief
psychiatrist may make an application to have your detention extended for
another period of up to 3 months. There is no limit to the number of times an
order can be extended.
If the committee does not believe that all of the reasons apply to you, your
psychiatrist must discharge you and you will be free to leave. You can then
discuss continuing treatment with your case manager or psychiatrist.
Your Rights to Appeal and Review
If the committee decides that you should remain in the mental health service, the
Mental Health Review Board will hold a hearing within 14 days after the
committee’s decision to decide whether you should continue to be detained or
not. The Board will notify the Public Advocate about the hearing. The Public
Advocate may be able to offer you advice and assistance and can be contacted
on [insert telephone number].
If you are discharged by the Board, you will no longer be a continuing treatment
involuntary patient and you will be free to leave. You can then discuss
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continuing treatment with your case manager or psychiatrist. If the Board does
not discharge you, you must remain a continuing treatment involuntary patient.
You have the right to appeal to the Mental Health Review Board against being a
continuing treatment involuntary patient at any time. If you want to appeal, ask a
member of staff for an Appeal Form, fill it in and ask the staff member to send it
to the Board. If you need help to fill in the form, ask a friend, relative, lawyer,
member of staff or community visitor to assist. If no appeal form is available,
you can write a letter to the Board which sets out your name, the name of the
mental health service and what you want to appeal about. The Board must hear
your appeal without delay.
To find out more about the Board, ask for the brochure Mental Health Review
Board or call the Board on [insert telephone number].
What Will Happen To Me While I’m Here?
Treatment
It is your right to receive the best possible treatment while you are in this mental
health service. Your case manager and the members of the treating team will
provide you with treatment designed to meet your specific needs. They will
regularly discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services.
You have the right to be involved in planning your treatment and the treating
team will consider your preferences and concerns. However, if your psychiatrist
believes a particular psychiatric treatment is necessary, that treatment can be
given to you, even if you refuse. If this happens, your psychiatrist will explain
why the treatment is necessary. You may have a friend or an advocate with you
when you are discussing your treatment with your doctor.
Generally, your family or primary carer (a relative or friend who is primarily
responsible for providing support or care to you) can only be given information
about your treatment and care if you agree. However, if a guardian, family
member or your primary carer needs information to care for you, a member of
the medical staff can give them the information, even if you don't agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this or you can choose
your own psychiatrist. If you choose a private psychiatrist you may have to pay a
fee.
Medical Treatment
If a doctor suggests that you need medical or surgical treatment for a physical
condition and the treatment is a major non-psychiatric treatment or a major
medical procedure, you will be given the brochure Major Non-Psychiatric
Treatment and Major Medical Procedure which explains your rights.
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Leave of Absence
When you are well enough, you may be allowed to leave the mental health
service for a short time (for example, a few hours, overnight or a weekend) to
visit family or friends or for some other purpose. If you would like to have leave,
you should talk to your case manager, doctor or psychiatrist. Your psychiatrist
will make the final decision about your request for leave.
Seclusion and Restraint
Seclusion
Seclusion is when a person is locked in a room alone for a period of time. This
only happens if it is necessary to protect the person or others from an immediate
or imminent risk to their health or safety or to prevent the person from
absconding. It is only used when other ways of ensuring safety have failed.
Mechanical Restraint
Mechanical restraint is the use of a device, such as a harness or straps, to restrict
a person's freedom to move about. Restraint may be used to enable a person to
be medically treated, or to prevent the person from causing injury to themself or
others or to prevent the person from continuing to destroy property.
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior nurse on duty. They can only be used for as
long as the above reasons apply.
If you are put in seclusion or restrained, staff must give you appropriate bedding,
clothing, food and drink when you want them, and provide you with adequate
toilet arrangements, including the opportunity to wash.
A registered nurse must review your physical and mental condition at least every
15 minutes. If you are being restrained you must be monitored continuously. A
doctor must examine you at least every 4 hours unless your psychiatrist thinks
less frequent examinations are appropriate.
Transfer
If your psychiatrist believes that you would benefit from moving to a different
mental health service or a transfer is necessary for your treatment, you may be
transferred. If you do not want to be transferred, you should talk to your
psychiatrist or you can appeal to the Mental Health Review Board.
When Can I Leave?
If at any time you want to be discharged from the mental health service, you
should talk to your psychiatrist or doctor, or you can appeal to the Mental Health
Review Board.
If the chief psychiatrist believes that any of the reasons listed under Why Am I
Here? no longer apply to you, you must be discharged as a continuing treatment
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involuntary patient and you will be free to leave. You can then discuss
continuing treatment with your case manager or psychiatrist.
Can I Complain?
While you are in this mental health service, it is your right to be treated with
dignity and respect and to be protected from abuse. If you are unhappy about
anything that happens while you are here, you have a right to complain. A good
place to start is with your case manager, the senior nurse in your ward, the
complaints liaison officer, your treating doctor or the Director of Psychiatry at
the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
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[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 20B
Regulation 20(7B)
Mental Health Act 1986
Mental Health Regulations 1987
MAJOR NON-PSYCHIATRIC TREATMENT AND
MAJOR MEDICAL PROCEDURE
ABOUT YOUR RIGHTS
What Are My Rights?
You have the right to:
• obtain a second opinion from a doctor or specialist of your choice about
whether you need the major non-psychiatric treatment or the major
medical procedure;
• obtain legal advice and have a lawyer represent you;
• talk to and have a friend or relative represent you;
• have someone of your choice with you when you are discussing the
treatment with your psychiatrist or doctor;
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• complain about your treatment.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure has been given to you because your doctor or psychiatrist has
recommended that you would benefit from a particular Major Non-Psychiatric
Treatment or Major Medical Procedure. Most importantly, it tells you what
your legal rights are under the Mental Health Act 1986.
Your psychiatrist or a member of clinical staff will talk to you about your rights
and answer your questions. If at any time you have questions about the
non-psychiatric treatment or your rights, ask someone to explain. This may be
your psychiatrist, doctor, case manager, a friend, relative, lawyer or an advocate.
Non-Psychiatric Treatment
What Is Non-Psychiatric Treatment?
Non-psychiatric treatment is any surgical operation, anaesthetic or course of
treatment or medication which is primarily intended to treat a physical condition
and not your mental disorder. Under the Mental Health Act, there are 2 types of
major non-psychiatric treatment.
Major Non-Psychiatric Treatment
Major non-psychiatric treatment is:
• any surgery performed under a general or regional anaesthetic;
• the use of general or regional block anaesthetic for any purpose;
• a course of contraceptive medication commenced during involuntary
admission;
• chemotherapy;
• radiotherapy.
Major Medical Procedure
Major medical procedure is:
• termination of pregnancy;
• any procedure resulting in permanent sterilisation (both female and
male);
• donation of non-regenerative tissue.
Your psychiatrist or doctor will tell you which type of non-psychiatric treatment
applies to you and tick the correct box, explain the treatment and how it works,
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discuss possible side-effects, alternative treatments, ask your views and answer
any questions you might have about the treatment.
Second Opinion
It is your right to get a second opinion about whether you need the
non-psychiatric treatment. Your case manager or psychiatrist can arrange this or
you can choose your own doctor. If you choose a private doctor you may have
to pay a fee.
Advocacy
When you are discussing the non-psychiatric treatment with your psychiatrist or
doctor, it is your right to have a friend, relative, lawyer or an advocate with you
for support or to represent you.
Do I Have To Have The Treatment?
If your psychiatrist believes that you are able to give informed consent, you can
only be given the major non-psychiatric treatment or major medical procedure if
you agree. If you are able to give informed consent, you have the right to refuse
the treatment.
What Is Informed Consent?
Informed consent is when you agree to have a major non-psychiatric treatment
or major medical procedure after you have been told and understood the
following:
• what the treatment involves; and
• the benefits, discomforts and risks of the treatment; and
• beneficial alternative treatments; and
• the answers to any questions you have about the treatment; and
• whether the person recommending the treatment or the doctor who
will perform the treatment has any financial relationship with the
service, hospital or clinic where the treatment will be given or
performed; and
• your legal rights and other entitlements.
Before you decide whether you want to have the treatment, it is important that
you are well informed. If you have any questions, you should ask your
psychiatrist, doctor or other specialist or seek advice from a friend, relative,
lawyer or an advocate, or one of the organisations listed at the end of this
brochure.
It is your right to be represented by an advocate or a lawyer before you consent
to the treatment.
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If you agree to have the non-psychiatric treatment, you will be asked to sign a
form to say you have given informed consent.
What If I Change My Mind?
If you agree to have the major non-psychiatric treatment or major medical
procedure, but then change your mind, you can withdraw your consent at any
time and the treatment will not proceed.
What If I Am Not Able To Give Informed Consent?
If you are not able to give informed consent and the treatment is necessary, you
may be given the treatment, even if you refuse. How consent is given will
depend on the type of non-psychiatric treatment. A member of staff will tell you
which of the following applies to you and tick the correct box.
Major Non-Psychiatric Treatment
If your psychiatrist believes that you are not able to give informed
consent and a major non-psychiatric treatment is necessary, your
psychiatrist or your guardian (if you have one) can consent for you,
even if you refuse.
Major Medical Procedure
If your psychiatrist believes that you are not able to give informed
consent and a major medical procedure is necessary and in your best
interests, your psychiatrist will apply to have a guardian appointed (if
you do not already have one) to help make the decision about whether
you should have the treatment.
If both your guardian and the Guardianship and Administration Board
agree that you are not capable of giving informed consent and the
treatment is in your best interests, they may consent to the treatment on
your behalf. The treatment can then be given to you, even if you
refuse.
If you want more information about consent to a major medical
procedure, you can contact the Guardianship and Administration Board
on [insert telephone number].
If any non-psychiatric treatment is needed to save your life, it can be given to
you, even if you refuse.
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Can I Complain?
It is your right to be treated with dignity and respect and to be protected from
abuse. If you are unhappy about any part of your treatment, you have a right to
complain. A good place to start is with your case manager, a member of staff, the
complaints liaison officer, your doctor or psychiatrist or the Director of
Psychiatry at the mental health service.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of staff, a friend, relative, lawyer or community
visitor.
Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
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• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.
SCHEDULE 21
Regulation 20(8)
Mental Health Act 1986
Mental Health Regulations 1987
MENTAL HEALTH REVIEW BOARD
HOW IT CAN HELP YOU
What Are My Rights?
You have the right to:
• appeal to the Mental Health Review Board against being kept in a
mental health service or on a community treatment order or restricted
community treatment order;
• obtain a second opinion from a psychiatrist of your choice about your
treatment;
• obtain legal advice and have a lawyer represent you;
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• talk to and have a friend or relative represent you;
• complain about your treatment.
If you need help to do these things, you can ask someone of your choice to assist
you. This may be a member of staff, your case manager, a friend, relative or
lawyer, or your psychiatrist or doctor.
About Your Rights
This brochure has been given to you to tell you about the Mental Health Review
Board. You have the right to appeal against being kept in a mental health
service or about any of the other matters listed under What Does The Mental
Health Review Board Do? and What Else Does The Board Do? at any time.
A member of staff will talk to you about the Mental Health Review Board and
explain your rights. If at any time you have questions about the Board or your
rights, ask someone to explain. This may be a member of staff, your case
manager, a friend, relative or lawyer, or your psychiatrist or doctor.
You can also get information from the Mental Health Review Board by calling
[insert telephone number].
What Does The Mental Health Review Board Do?
The Mental Health Review Board is an independent board. Its main functions
are:
• to hear appeals from involuntary and security patients and people on
community treatment orders and restricted community treatment orders
who want to be discharged;
• to review all involuntary and security patients within 8 weeks of
admission and all continuing treatment involuntary patients within 2
weeks of their detention, to decide if they should continue to be
detained;
• to review all involuntary and security patients at least every 12 months
to decide if they should continue to be detained.
How Does The Board Decide Appeals and Reviews?
The Board must decide whether the reasons you are being kept in a mental
health service or on a community treatment order or restricted community
treatment order still apply to you. The reasons are listed below for each patient
group. A member of staff will tell you which group applies to you and tick the
correct box.
If any one of the relevant reasons does not apply, you will be discharged. If the
Board decides all of the relevant reasons apply to you, you must remain as an
involuntary or security patient.
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Involuntary Patient
If you are an involuntary patient in a mental health service or on a community
treatment order (CTO), the Board must decide whether:
• you appear to be mentally ill (mental illness is defined in the Mental
Health Act as a medical condition that is characterised by a significant
disturbance of thought, mood, perception or memory); and
• your mental illness requires immediate treatment and this can be
obtained in the mental health service or on a CTO; and
• because of your mental illness, you need to be kept in the mental health
service or on a CTO for treatment, for your health or safety (whether to
prevent a deterioration in your physical or mental condition or
otherwise) or for the protection of members of the public; and
• you have either refused or are unable to consent to the necessary
treatment; and
• there is no less restrictive way for you to receive adequate treatment for
your mental illness.
Hospital Order or Security Patient
If you are a hospital order patient in a mental health service or on a restricted
community treatment order (RCTO) or a security patient, the Board must decide
whether:
• you appear to be mentally ill and require treatment for your illness
(mental illness is defined in the Mental Health Act as a medical
condition that is characterised by a significant disturbance of thought,
mood, perception or memory); and
• the treatment you need can be obtained in the mental health service or
on a RCTO; and
• because of your mental illness, you need to be kept in the mental health
service or on a RCTO for treatment, for your health or safety (whether
to prevent a deterioration in your physical or mental condition or
otherwise) or for the protection of members of the public.
Continuing Treatment Involuntary Patient
If you are a continuing treatment involuntary patient, the Board must decide
whether:
• you appear to have a mental disorder; and
• you would cause serious physical harm to yourself if not detained and
treated in a mental health service; and
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• treatment can be obtained for your mental disorder in a mental health
service.
What Else Does The Board Do?
The Board also:
• hears appeals from patients who do not want to be transferred to a
different mental health service;
• hears appeals from security patients who have been refused leave by
the chief psychiatrist;
• reviews all RCTOs made by the chief psychiatrist (the RCTO does not
take effect unless it has been approved by the Board); and
• reviews the extension of all CTOs and RCTOs.
How Can I Appeal To The Board?
If you want to appeal to the Board, ask a member of staff for an Appeal Form,
fill it in and ask the staff member to send it to the Board. If no appeal form is
available, you can write a letter to the Board which sets out your name, the name
of the mental health service and what you want to appeal about. The appeal
should be mailed or faxed to:
Executive Officer
Mental Health Review Board
[insert appropriate address and telephone and facsimile numbers]
The appeal may also be initiated by sending it to one of the following: the chief
psychiatrist, an authorised psychiatrist, a community visitor, the Ombudsman or
the Health Services Commissioner.
If you need help to fill in the form or with anything else, you should ask a friend
or relative, your case manager, a member of staff, your doctor, a lawyer or
community visitor to help you.
How Should I Prepare For The Hearing Of An Appeal or A Review?
The Board will send you a notice advising the date, time and place at which your
review or appeal will be heard. You are encouraged to attend the hearing. You
can have anyone attend to offer support or speak for you, for example, an
advocate, a lawyer, a friend or relative. If you are unable to attend the hearing,
you should tell the Board as soon as possible.
If you have special needs, such as an interpreter, you should discuss these with a
member of staff or contact the Board. The Board will arrange an interpreter if
necessary.
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Continuing Treatment Involuntary Patient
If you are a continuing treatment involuntary patient, the Board must notify the
Public Advocate about the hearing. The Public Advocate may be able to offer
you advice and assistance.
Will I Have Access To Documents For the Hearing?
You or your representative will be given the opportunity to read any documents
to be given to the Board for your hearing, including your clinical file, at least 24
hours before the hearing. However, if your psychiatrist believes you should not
see a document or part of any document because it will cause serious harm to
your health or the health or safety of another person, or if information in a
document was given in confidence or is personal information about another
person, your psychiatrist can apply to the Board to stop you seeing the document
or part of the document. If this happens, the Board will make the final decision.
If the Board decides you should not see a document or part of any document, it
may allow your representative to see it instead.
What Happens At The Hearing?
Hearings are held either at hospitals or community mental health services. Your
hearing will usually be heard by 3 Board members—a lawyer, a psychiatrist and
a community member. If the hearing is the annual review of your involuntary
detention in the mental health service or the review of the extension of your
community treatment order, it may be conducted by one person—a lawyer, a
psychiatrist or a community member of the Board.
The hearing will be private and informal. Your doctor and other members of the
treating team will give information to the Board. You and your representative
will be able to ask questions and explain your side of the case—for example,
why you believe you should not be kept in the mental health service. If you are
too ill to attend the hearing, a member of the Board may visit you in your ward.
At the end of the hearing, the Board will advise you of its decision and the
reasons for it. You will be given a written copy of the order, however, if you
want written reasons, you must request these in writing from the Board within 28
days and the Board must provide you with a statement of reasons within 14 days
of your request.
The Board's Decision
What Happens If The Board Discharges Me?
If you are discharged by the Board, you will no longer be an involuntary or
security patient. What happens will depend on how you came to the mental
health service. A member of staff will tell you which of the following applies to
you and tick the correct box. If you were:
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an involuntary patient, you will be free to leave the mental health
service;
an involuntary patient on a CTO, you will no longer be on the order
and will be free to choose whether you want to continue your
treatment;
a hospital order involuntary patient from a court, you will be free to
leave the mental health service;
a hospital order involuntary patient on a RCTO, you will no longer be
on the order and will be free to choose whether you want to continue
your treatment;
a continuing treatment involuntary patient, you will be free to leave the
mental health service;
a hospital order involuntary patient from a prison or detention centre,
you will be returned to your original place of detention;
a hospital order (diagnosis, assessment and treatment) patient, you will
be returned to court for sentencing or another order;
a security patient, you will be returned to your original place of
detention;
a hospital security order patient, you will be sent to prison to serve the
rest of your sentence.
If you are discharged, you can discuss continuing treatment with your case
manager or psychiatrist. If you have been an in-patient and both you and your
psychiatrist think you would benefit from further treatment at the mental health
service, you can ask to be allowed to stay.
What If The Board Doesn't Discharge Me?
If the Board doesn't discharge you, you remain an involuntary or security patient.
You can appeal again to the Board at any time. Whether or not you appeal, the
Board will automatically review you at least every 12 months. Your psychiatrist
will also regularly review you to see if you should be discharged.
Can I Appeal Against The Board's Decision?
If you disagree with the Board's decision you can appeal to the Administrative
Appeals Tribunal (AAT). The AAT is an independent tribunal with the power to
confirm or overturn the decision of the Board. Appeals must be made in writing
within 28 days to:
Administrative Appeals Tribunal
[insert appropriate address and telephone and facsimile numbers]
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Important Contacts
The names, addresses and telephone numbers of people and organisations you
can contact for assistance and more information are listed below.
• The Mental Health Review Board is an independent board which
hears appeals from involuntary and security patients who want to get
out of a mental health service or off their community treatment order or
restricted community treatment order. It also automatically reviews
involuntary and security patients. You can contact the Board at:
[insert appropriate address and telephone and facsimile numbers]
• Community Visitors are people who visit mental health services at
least once a month to inquire into the adequacy of services and facilities
for the treatment and care of patients, investigate complaints and report
on their inquiries and investigations. You can contact them at:
[insert appropriate address and telephone and facsimile numbers]
• The Mental Health Legal Centre is an independent legal service
which specialises in mental health legal issues. It may be able to
arrange representation for you at Mental Health Review Board hearings
or about other legal matters. You can contact the Centre at:
[insert appropriate address and telephone and facsimile numbers]
• Victoria Legal Aid provides free legal advice about a range of issues,
legal assistance if you cannot afford a private solicitor and may be able
to assist with legal representation at Mental Health Review Board
hearings. You can contact Victoria Legal Aid at:
[insert appropriate address and telephone and facsimile numbers]
• The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment. You can contact the Office of the Public Advocate at:
[insert appropriate address and telephone and facsimile numbers]
• The Chief Psychiatrist is a senior departmental official appointed
under the Mental Health Act, with special responsibilities in relation to
people receiving mental health services. These include the power to
investigate complaints and other matters and to take necessary action.
You can contact the chief psychiatrist at:
[insert appropriate address and telephone and facsimile numbers]
• The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services. You
can contact the Commissioner at:
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[insert appropriate address and telephone and facsimile numbers]
• The Ombudsman investigates complaints about government
departments. You can contact the Ombudsman at:
[insert appropriate address and telephone and facsimile numbers]
You can also ask your case manager or any member of staff about other local
organisations and support groups which may be able to help you.".
24. Amendment of Schedule 22
In Schedule 22 to the Principal Regulations, for
"psychiatric in-patient service" substitute
"approved mental health service".
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NOTES
1 S.R. No. 257/1987. Reprinted to S.R. No. 42/1995 and subsequently
amended by S.R. No. 10/1996.
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