Department of Health

Rights – statements of rights

Key messages

  • A statement of rights must be given to consumers at key points of their treatment.

Statements of rights set out a person’s rights when they are receiving services from a mental health service provider.

A statement of rights must be given to the person at key points in their assessment and treatment.

It outlines the person’s right to:

  • communicate lawfully
  • apply to the Mental Health Tribunal at any time for a revocation of a compulsory treatment order
  • make a decision about whether to give informed consent to electroconvulsive therapy
  • choose a nominated person
  • make a complaint to the Mental Health Commissioner
  • be legally represented and supported by a carer, family member or friend at a hearing of the Mental Health Tribunal
  • seek the assistance of the Independent Mental Health Advocacy (IMHA) service
  • seek the assistance of community visitors.

There are different statements of rights for different types of treatment.

Reviewed 30 December 2019


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