Consumer Rights
There are many documents which outline the rights of people receiving mental health treatment. Australia is a signatory to the United Nations Principles for the Protection of People with Mental Illness and the Improvement of Mental Health Care. This international agreement outlines the conditions under which people can receive involuntary mental health treatment and the monitoring and protection mechanisms which should accompany this treatment.
The Mental Health Statement of Rights and Responsibilities, based on the UN Principles and developed in 1991, is a commitment by government to protect the rights of people receiving mental health treatment and their carers. All States and Territories are signatories to this document.
The Australian Charter of Healthcare Rights should be seen as an overarching statement of health care rights, describing the rights of all people using the Australian healthcare system.
Finally, the NT Code of Health and Community Rights and Responsibilities confers rights and responsibilities on both users and providers of health and community services in the Northern Territory.
NT Mental Health Services
People receiving treatment from NT Mental Health Services also have rights specifically outlined in the Mental Health and Related Services Act. These rights are outlined below.
Involuntary Admission to Hospital
A person admitted to hospital as an involuntary patient on the grounds of mental illness or mental disturbance has the following rights:
- To be examined and assessed by a doctor within 24 hours (1 day) of admission. The person must then be examined and assessed every 72 hours (three days).
- To be provided with information about his or her legal rights, including the right to access legal representation and advocacy services. This information must be provided both orally and in writing within one day of the admission.
- To have the admission reviewed by the Mental Health Review Tribunal within 14 days if admitted on the grounds of mental illness and 10 days if admitted on the grounds of mental disturbance.
- To apply to the Mental Health Review Tribunal for an early review of the detention order. The Tribunal sits every Wednesday in Darwin and every Friday in Alice Springs. A person can apply to have an involuntary admission reviewed on the Tribunal’s next sitting day by speaking to their doctor, their nurse, their legal representative or a community visitor.
- To legal representation during a review before the Mental Health Review Tribunal. Duty lawyers are available from legal aid services in Darwin and Alice Springs. The person is also able to request the services of a private solicitor.
- To request that a relative, friend or community visitor be present during the Tribunal hearing.
- To appeal a decision of the Mental Health Review Tribunal to the Supreme Court.
Involuntary Treatment in the Community
(Community Management Order)
A person on a Community Management Order has the following rights:
- To request an early Mental Health Review Tribunal review of the Order if it is an Interim Community Management Order (for 14 days).
- To be provided with information about his or her legal rights, including the right to access legal representation and advocacy services. This information must be provided both orally and in writing.
- To appear before the Mental Health Review Tribunal in the event of an application for a Community Management Order.
- To legal representation during a review before the Mental Health Review Tribunal. Duty lawyers are available from legal aid services in Darwin and Alice Springs. The person is also able to request the services of a private solicitor.
- To request that a relative, friend or community visitor be present during the Tribunal hearing.
- To appeal a decision of the Mental Health Review Tribunal to the Supreme Court.
- To have the Community Management Order reviewed by the Mental Health Review Tribunal within six months.
Voluntary Admission to Hospital
Any person 14 years or over may be admitted to an inpatient facility voluntarily after a medical practitioner has made sure that the person is able to give informed consent to the admission. The person must then be examined by an authorised psychiatric practitioner within 72 hours (three days) of the admission.
To give informed consent to the admission and treatment, the person must be given:
- A clear explanation of the assessment and any possible diagnosis and the purpose and if possible the duration of treatment
- Information about the benefits and any risks of the proposed treatment
- Advice that consent to treatment can be withdrawn at any time
- Advice that independent medical and legal advice can be obtained before giving consent.
Consent is given only if it is freely and voluntarily obtained, if the person understands the effect of giving consent and communicates this on the approved form.
Review of Voluntary Admissions
Any voluntary admission of 6 months or more must be reviewed by the Mental Health Review Tribunal.
Rights of all People Admitted to an Inpatient Facility
Information about Medication and/or Treatment
Everyone admitted to an inpatient facility or receiving involuntary community treatment must be given information about their medication and treatment. This information must be provided in a form the person can understand.
Discharge
A discharge plan must be prepared for all people admitted to an inpatient facility. The plan must contain arrangements for accommodation, ongoing treatment and rehabilitation after discharge. The person must be consulted about the arrangements in the discharge plan, and once it has been prepared, provided with information about the plan.
Confidentiality
A person has the right to expect that information about them will remain confidential. Section 91 of the Mental Health and Related Services Act does provide for some situations where information can be released, for example when the information is necessary for criminal proceedings, or where it is important for the ongoing care or treatment of the person receiving treatment.
Access to records
A person can apply to access their medical records by writing a short letter to the authorised psychiatric practitioner outlining what information the person wishes to access and why. A response should be received within thirty days. If access is refused, the person has the right to appeal this decision to the Mental Health Review Tribunal.
Communication
A person being treated in an inpatient facility must have free access to send and receive mail and to make and receive phone calls (subject to this being practicable and the person paying the cost of calls). Similarly, a person must be able to receive visitors in reasonable privacy during visiting hours at the hospital.
If there is a possibility that the person receiving treatment or others are placed at risk by access to mail, telephone or visitors, these rights may be curtailed by order of an authorised psychiatric practitioner.
Any such order must be reviewed daily. The Mental Health Review Tribunal must be notified, and the person must be informed of the right to apply to the Tribunal to have the order reviewed.
Complaints
Any person receiving treatment from NT Mental Health Services may complain to the service if unhappy with any aspect of their treatment and care.
Complaints directly to the mental health service may be made informally, or more formal complaints may be made in writing on forms that are available from the mental health service.
A person can also complain to the Community Visitor Program or to the Health and Community Services Complaints Commission.
