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Understanding your rights and the Mental Health Act
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.
The Australian Charter of Healthcare Rights describes these rights that you or the person you care for can expect when receiving healthcare, available in community languages.
Across all healthcare services you have the right to access, safety, respect, partnership, information, privacy and give feedback.
Visit your healthcare rights and safetyandquality.gov.au for more information.
Mental Health Rights
The Australian Government has endorsed the Mental Health Statement of Rights and Responsibilities (2012). 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:
- Inherent dignity and equal protection
- Non-discrimination and social inclusion
- The promotion of mental health and the prevention of mental illnesses
- The rights and responsibilities of individuals who seek assessment, support, care, treatment, rehabilitation and recovery
- Rights and responsibilities of carers and support persons
- Rights and responsibilities of people who provide services
- Rights and responsibilities of the community
- Governance
The Mental Health Act NSW (2007)
You have specific rights in relation to Mental Health Care under the Mental Health Act 2007 (NSW), including 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
- to 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.
Helpful resources
| Designated Carer and Principal Care Provider | Information about your rights for designated carers and principal care providers. |
|---|---|
| Understanding the Mental Health Act | Frequently asked questions to help you understand the Mental Health Act 2007. |
| Official Visitors Program | Official Visitors are people with experience in mental health treatment and care. Find out what Official Visitors do and how they can help you. |
| Mental Health Review Tribunal | A specialised body established under the Mental Health Act 2007 that conducts inquiries and hears appeals related to the treatment and care of individuals with mental illness. |
| NSW Health Education and Training | Provides practical information on the Mental Health Act. |
| Mental Health Coordinating Council | An online guide to the legal and human rights of people navigating the mental health system. |
| NSW Mental Health Act (2007) - Guide Book | Provides helpful information about the Act and your rights. |
| Patient Information Privacy | How we protect your health information. |