Mental Health Act – Rights

Consumer Rights Resources

The following consumer resources are available to help patients, their families, carers and other support persons understand the provisions for consumers under the Mental Health Act 2016.

Key Rights Document - Qld Health Statement of Rights

• Statement of Rights (PDF - Queensland Health)- Contains important information about patient rights under the Mental Health Act 2016.

Quick Rights Factsheets, Brochures and Videos

• Patient Rights Factsheet (Qld Health)
• Your Rights Brochure (PDF)
• Video - Patient Rights under the Mental Health Act 2016
• Video – Summary of Rights
• Video - Statement of Rights
• Support Persons Rights Brochure (PDF)
• Advance Health Directives Brochure (PDF)

Guide to Patient Rights

For a comprehensive guide to all rights refer to – Mental Health Act 2016 – Guide to Patient Rights (Queensland Health)

Translated Mental Health Resources

Some of the above consumer resources are also available in other languages

Independent Patient Rights Advisors

Independent Patient Rights Advisers (IPRAs) are available to advise patients and their nominated support persons, family, carers and other support persons of their rights under the Act.

• Independent Patient Rights Advisors - Statewide Contact List (PDF, 52 kB)

For more information on IPRAs, see our page on Independent patient Rights Advisors.

Other Fact Sheets and FAQs

• Advance Health Directives and less restrictive way of treatment
• Patient rights fact sheet 
• Rights of family, carers and other support persons
• Role of nominated support persons
• Role of Independent Patient Rights Adviser (IPRA)
• Searches (Consumers, Visitors and Mail)
• What you need to discuss with patients
• Written notices and documents for patients
• FAQs: Legal Representation at Tribunal Hearings

Videos

• Responsibilities and Rights Video for Doctors and AMHS Services

The Mental Health Alcohol and Other Drugs Branch (Department of Health) credit the West Moreton Hospital and Health Service with the development and design of the following generic patient rights videos and their statewide consultation throughout the production process.

• Patient Rights under the Mental Health Act 2016
• Understanding your rights (introduction)
• Patient rights to information under the Mental Health Act 2016
• Patient rights as an inpatient in a hospital under the Mental Health Act 2016
• The rights of patient’s family members, carers and nominated support people
• Patient right to an Independent Second Opinion
• What Are My Rights To A Lawyer?
• Rights at the Mental Health Review Tribunal (MHRT)
• What Are My Rights To An Interpreter And Cultural Support?
• Prohibited Items In Hospital
• Advance Health Directive for Mental Health (AHD-MH)
• What to do if your mental or physical health is getting worse
• Statement Of Rights
• Summary - Understanding Your Rights
• How Can I Contact The Independent Patient Rights Advisor?

Chief Psychiatrist Policies

• Advance health directives and less restrictive way of treatment policy (PDF)
• Treatment and care of patients policy (PDF)
• Right of a patient to request a second opinion policy (PDF)
• Management of complaints about treatment and care of patients policy (PDF)
• Independent patient rights advisers policy (PDF)
• Attachment 1: Independent Patient Rights Advisers policy - Role description
• Attachment 2: Independent Patient Rights Advisers policy - Allocation

Guidelines

• Independent Patient Rights Advisers service model guidelines (PDF)
• Information sharing guidelines (PDF)

Forms and Guides

• Guide to Patient Rights (PDF) - Summary of the provisions of the Mental Health Act 2016 relating to the rights of patients.
• Advance Health Directive for Mental Health (AHD-MH) Guide and form
  • AHD-MH Form for Printing (PDF) - Only the form will print when printing is selected.
  • AHD-MH Online Form (PDF) - This form can be completed online and saved and/or printed. Only the form will print when printing is selected.
• Revocation of Advance Health Directive form (PDF) - This form can be completed online, saved and/or printed.
• Nominated Support Persons: Guide and Form (PDF) - This form can be completed online, saved and/or printed. Only the form will print when printing is selected.
• Revocation or resignation of appointment of Nominated Support Person form (PDF) - This form can be completed online, saved and/or printed.

AHD and EPOA Checklists

• Advance Health Directive (AHD) checklist (PDF)
• Enduring Power Of Attorney checklist (PDF)

Reference: health.qld.gov.au/clinical-practice/guidelines-procedures/clinical-staff/mental-health/act/resources/patient-rights 

Complaints

If the person is concerned about their mental health treatment, they can make a complaint to the Hospital and Health Service.

• Metro North
• Metro South
• Gold Coast
• West Moreton
• South West Qld
• Wide Bay
• Mackay
• North West Qld
• Townsville
• Torres and Cape
• Cairns and Hinterland
• Sunshine Coast
• Children’s

If the person is still unsatisfied with the response, they can complain about a health service provider to the Office of the Health Ombudsman (OHO). Office of the Health Ombudsman (Queensland Health's service complaints agency) may be able to help. Call 133 646 or email.

If the person is concerned that there has been a breach of their human rights, they can contact the Queensland Human Rights Commission and lodge a complaint after complaining to their health service. For information about accessing this visit qhrc.qld.gov.au/complaints/making-a-complaint

To understand how more about making a complaint about mental health care, see our page Mental Health – Complaints.

Consumer Rights Summary

The Statement of Rights (PDF) has important information about patients' rights under the Mental Health Act 2016, and applies to:

• involuntary patients (eg a person subject to a treatment authority made by a doctor under the Mental Health Act 2016
• voluntary patients being treated in a mental health service
• the patient’s family, carers and other support persons.

A patient has the right to:

• have a written Statement of Rights prepared and explained to them, and a copy given to them, their nominated support person or family carer if requested
• reasonable steps being made to ensure they understand the information given to them, and to have explanations given to their nominated support person
• visits from their family, carer and other support people
• visits from a health practitioner, legal or other adviser at any reasonable time
• request a second opinion about their treatment and care—this may be made by someone on their behalf
• talk to an Independent Patient Rights Advisor.

Reference and for more information: legalaid.qld.gov.au