- A statement of rights sets out a person’s rights, and the processes that apply, while a person is receiving a mental health and wellbeing service under the Mental Health and Wellbeing Act 2022.
- The relevant statement of rights must be given to a person and specified support people at key points during their assessment and treatment.
- When a person is given a statement of rights, all reasonable steps must be taken to ensure that the person understands the rights set out in the document.
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
- feel safe and respected
- make an
- choose a
- apply to the for a revocation of a compulsory treatment order
- seek a
- make a complaint to a service provider or the Mental Health and Wellbeing Commission
- be legally represented
- instruct a to provide support
- seek the assistance of a
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
Statements of rights (English and translated versions)
Key changes from Mental Health Act 2014
These provisions remain largely unchanged from the Mental Health Act 2014.
There is a new requirement that a statement of rights be given to a person who is admitted to a bed-based service at a designated mental health service, even if they are admitted on a voluntary basis.
Reviewed 26 September 2023