Statement of rights

Statements of rights are documents that set out a person’s rights, and the processes that apply, while a person is receiving a mental health and wellbeing service under the Act. Statements of rights are approved by the Chief Officer for Mental Health and Wellbeing.

Contents of statements of rights

A statement of rights provides information relevant to a person’s circumstances, including rights to:

• information, support and help making decisions
• communicate
• feel safe and respected
• make an advance statement of preferences
• choose a nominated support person
• apply to the Mental Health Tribunal for a revocation of a compulsory treatment order
• seek a second psychiatric opinion
• make a complaint to a service provider or the Mental Health and Wellbeing Commission
• be legally represented
• instruct a non-legal mental health advocate to provide support
• seek the assistance of a Community Visitor

Statements of rights also include information about the rights of First Nation people to have their unique culture and identity respected.

Providing a statement of rights

Statements of rights must be provided to:

• people receiving mental health and wellbeing services in a bed-based service at a designated mental health service (including people receiving those services on a voluntary basis)
• patients on assessment orders, court assessment orders, temporary treatment orders, and treatment orders
• security patients on secure treatment orders and court secure treatment orders
• forensic patients
• people consenting to electroconvulsive treatment (ECT) or receiving ECT under an order made by the Mental Health Tribunal
• people consenting to neurosurgery for mental illness
• people subject to intensive monitored supervision orders.

The person responsible for providing a statement of rights to a person must take all reasonable steps to ensure that the person understands the rights set out in the document.

A number of other people must also be given a copy of the statement of rights. This includes a person’s:

• nominated support person, if they have one
• guardian, if they have one
• carer, if the circumstances, event, decision or order in relation to the person under the Act will directly affect the carer and the care relationship
• parent, if the person is under the age of 16
• the Secretary of the Department of Families, Fairness and Housing if that Secretary has parental responsibility for the inpatient under a relevant child protection order