Healthcare Rights Everyone who is seeking or receiving healthcare in Australia has rights related to that care. These rights apply to all people, in all places where healthcare is provided in Australia. This includes General hospitals and specialist mental health services, private and public service, day hospitals, general practice and community health services.
Rights Specific to Mental Health The Mental Health statement of rights and responsibilities (2012) The Australian Government has endorsed the Mental Health statement of rights and responsibilities. This document is a dynamic and aspirational statement that reflects modern mental health care concepts and contemporary human rights legislation. Rights and responsibilities are described across eight domains:
The Mental Health Act NSW (2007) You have specific rights in relation to Mental Health Care under the Mental Health Act 2007 (NSW). These rights include the right to be treated in an environment of least restrictive care that is safe, to participate in your care and have your preferences taken into account, and be informed about care, treatment, costs, alternatives, side effects and risks. Under the Act a consumer can nominate a Designated Carer or Principal care provider who will have rights to be informed of certain events affecting a person’s health care. A person, or their Carer, has the right to request a visit from the Official Visitors if they have concerns about a person’s care under the Mental Health Act. Further information These sites have good information on the Act and Mental Health care Statements of rights are documents that set out a person’s rights under the Mental Health Act 2014 while being assessed or receiving treatment for mental illness and the process by which the person will be assessed or receive treatment. Statements of rightsA statement of rights must be provided to a person at key points during their assessment and treatment. Statements of rights set out a person’s rights when receiving mental health services from a mental health service provider. A statement of rights includes information about patients’ right to: An authorised psychiatrist or psychiatrist must ensure that a person is also given an oral explanation of their rights under the Act and answer any questions the person may have as clearly and completely as possible. If a person is unable to understand the information contained in the statement of rights or the oral explanation when it is provided, reasonable attempts must be made to provide the information or explanation at a time when the person is able to understand the information or explanation. People must be given a statement of rights when an Assessment Order, Court Assessment Order, Temporary Treatment Order or Treatment Order is made or varied. They should also be given to security and forensic patients. A number of other people must also be given a copy of the statement of rights. This includes a nominated person, a guardian, a carer if the decision will directly affect the carer and the care relationship, a parent of a person aged under 16 or the Secretary to the Department of Health and Human Services if the person is on a family reunification order or care by Secretary order. A person must also receive the relevant statement of rights when providing informed consent to treatment including electroconvulsive treatment and neurosurgery for mental illness. Ten statement of rights have been developed and are available as downloads. |
What are some of the general principles behind the revised mental health Statement of rights and Responsibilities?
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