There are circumstances when you can be legally hospitalised or compelled to receive treatment without your consent. This is called involuntary treatment, and is also referred to as being treated under the NSW Mental Health Act (2007) (the Act). 

You can be detained in a mental health facility or put on a Community Treatment Order involuntarily only if certain conditions of the Act are met. 

Do I still have rights when I am treated under the Act? 

Yes. You have the right to your care being provided in an environment that is safe, effective, and places the least restrictions on your liberty. You have the right to expect procedural fairness in relation to use of the Act, and to receive information about your care and your rights whether you are voluntary or involuntary; including information about medication and side effects. You have the right to legal representation, to be treated with dignity and respect, to privacy, confidentiality and to protection from ill-treatment. You have the right to refuse to have students present during your care. 

You have the right to have your designated carer and/or principal care provider notified of your care. You have the right to be involved and have your preferences heard in the development of your treatment and discharge plans. You have the right to ask to be discharged. You have the right to ask to develop a plan to come off your Community Treatment Order. 

Involuntary treatment in hospital 

A medical officer, accredited person or the police can detain and transport an involuntary patient to a mental health facility. An Accredited Person is a qualified mental health practitioner who is trained and appointed to fulfil particular responsibilities under the Act. 

If you have been involuntarily admitted to a hospital, you must be seen by a doctor within 12 hours. You can only be compelled to stay if that doctor thinks you are mentally ill, or mentally disordered. Another doctor must see you also. The doctors must agree that no other safe and effective care that is less restrictive is available to you. 

If you are detained in Hospital you must be reviewed by the Mental Health Review Tribunal as soon as practicable. You have the right to request to see an Official Visitor, request discharge and appeal to the Mental Health Review Tribunal if that request is denied, and be involved in the decisions about your care. 

Involuntary treatment in the community 

A Community Treatment Order is a legal order making it mandatory for you to take medication and participate in treatment in the community. A Community Treatment Order is intended to allow consumers to live in the community and continue their treatment rather than having to stay in hospital. There are strict requirements for a Community Treatment Order. A Community Treatment Order is granted by the Mental Health Review Tribunal, usually from Hospital before discharge but sometimes in the community. If your team is considering a Community Treatment Order they should explain why, discuss their concerns and provide you with information on your rights.

What is the Mental Health Review Tribunal? 

The Act includes important external processes for review of people whose rights have been restricted due to mental illness. The Mental Health Review Tribunal is an independent body that has wide ranging powers under the Act to make decisions about the care and treatment of a mentally ill person. Decisions of the Mental Health Review Tribunal are legally binding by the mental health facility and the person.

Legal representation 

The Act requires that a person be represented by a lawyer in Mental Health Review Tribunal hearings unless they decide not to be represented. The Mental Health Advocacy Service will provide free representation in most cases, and can be contacted on 02 9745 4277. You have the right to pay for and use a private solicitor. 

Young people 

Young people can be admitted to hospital as involuntary patients the same way as adults. There are specific rules for medical officers working with parents and families. Any child under 16 years of age must be legally represented at all Tribunal hearings.