This section outlines the requirements for admission under the Mental Health Act 2007 (NSW).
The following questions are answered:
The legal definition of mental illness under the Mental Health Act 2007 (NSW) is different from a medical diagnosis of mental illness such as schizophrenia or bipolar disorder, as described in the Diagnostic and Statistical Manual of Disorders (DSMV). A formal medical or clinical diagnosis is based on the symptoms of a particular mental illness.
The legal definition exists mainly for the purpose of deciding whether you have a mental illness or disorder that will require treatment under the Mental Health Act 2007 (NSW) without your consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More .
To be found mentally ill under the Mental Health Act 2007 (NSW), you have to:
You can have a clinical diagnosis and not be considered by the law to be a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More . You might, for example, be receiving treatment for schizophrenia and your symptoms may be resolved so that they no longer affect your mental functioning or behaviour. In this case, you have a mental illness but would not be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the Mental Health Act 2007 (NSW).
However, if you have a continuing condition of schizophrenia and there is likelihood of deterioration in your mental state with harmful effects if not treated, you may be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the Mental Health Act 2007, even if your condition is presently stabilised.
The definition in the Mental Health Act 2007 (NSW) is based on the symptoms you are experiencing rather than the diagnosis you have been given.
The Mental Health Act 2007 (NSW) requires that any risk of harm to yourself or others that may be associated with your symptoms of mental illness must be ‘serious’ before you can be considered a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More . However, the concept of ‘serious harm’ is not defined in the Act.
A broad concept of ‘serious harm’ is applied by the Mental Health Review Tribunal.
The risk of ‘serious harm’ to yourself could include risk of:
For example, a risk of serious harm to yourself may be found if you are experiencing a period of mania (a severe disturbance of mood) that is causing you to spend money excessively and/or inappropriately. A risk of serious harm to yourself may also include sexually disinhibited behaviour, that is out of character that puts your reputation at risk.
The risk of ‘serious harm’ to others might involve risk of:
For example, a risk of serious harm might be found if you are hearing voices that other people cannot hear (auditory hallucinations) and these voices are telling you to harm another person. It might also be found to exist if you are experiencing a severe disturbance of mood and are driving a car dangerously in traffic as a result.
The definition of mental illness in Mental Health Act 2007 (NSW) not only looks at your symptoms at the time of an examination, but also:
You would be considered to be a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More under the Mental Health Act 2007 (NSW) if you did not have a mental illness but behaved in such an irrational way that you were at risk of harming yourself or another person and this means your temporary care and treatment is necessary. For example, if a major crisis in your life has made you attempt suicide, then you may be considered a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . In this situation, even if you don’t have a mental illness, you may considered to be mentally disordered. As a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can only be kept in hospital for up to three (3) working days, and a doctor must reassess you every twenty four (24) hours. You cannot be admitted to hospital as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More more than three (3) times each month.
The definition of ‘mental illness’ and ‘mental disorder’ may be broad, but the Mental Health Act 2007 (NSW) also recognises many characteristics or actions of a person that do not automatically mean that that person has a mental illness or disorder. Having any of the following characteristics or engaging in the following behaviour does not mean you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . They are not enough, on their own, to be the basis of you being admitted to hospital against your will:
Note that the reference to taking alcohol or drugs does not prevent the consideration of the serious physiological, biochemical or psychological effects from the use of a substance or substances when considering the definition of a mentally disordered or mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .
The list above, however, does not mean that persons who have those characteristics or engage in these behaviours cannot also be mentally ill or mentally disordered. They are simply not mentally ill or mentally disordered because of the characteristic or this conduct alone.
After you are taken to a public mental health facility, there are several examinations (assessments) that need to be completed before you can be made an involuntary patient on the basis that you are mentally ill or mentally disordered under the Mental Health Act 2007 (NSW). These examinations all involve the completion of a ‘Form 1’ document.
Throughout the process explained below, you can become a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More at any time if the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More has the view that you are likely to benefit from care or treatment as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More .
You must be examined by a doctor who is an Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More as soon as practicable (it must be within twelve hours) after you arrive at the public mental health facility or after you are detained as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More . If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More forms the view that you are a mentally ill or mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , then you will be detained for a second examination undertaken by another medical practitioner.
If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More does not think that you are either mentally ill or mentally disordered, you must be allowed to leave the facility. In this situation, you could agree to stay in hospital as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More if the hospital thinks this is appropriate.
If you are allowed to leave, there is no legal obligation for the police, ambulance or the hospital to take you home. However, the hospital does owe you are general duty of care not to put you in a situation of danger. For example, NSW Health has a policy not to discharge people from hospital into homelessness.
If you have been admitted on an order for examination by a Magistrate or Bail Officer, and are not assessed as mentally ill or mentally disordered, you are likely to be discharged back into police custody.
If it is not reasonably practicable for you to be examined in person, the examination can happen in one of the following ways:
As soon as practicable after you see the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More for the first examination and are found to be mentally ill or mentally disordered, you must have a second examination. One of the two examinations must be conducted by a psychiatrist. For example, if the first examination was conducted by a psychiatrist, the second examination may be conducted by a medical practitioner or accredited person. If the first examination was not conducted by a psychiatrist, the second examination must be conducted by a psychiatrist.
If either of the first two examinations find that you are mentally ill, this is enough to require you to stay in hospital on an involuntary basis as an ‘assessable person’ until a Mental Health Inquiry is held by the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. . However, the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More or delegate can decide to discharge you if you are no longer mentally ill, or if care of a less restrictive kind becomes available.
If both examiners agree that you are mentally disordered, you can be detained for up to three (3) days (not including weekends or public holidays).
If the second doctor does not find that you are mentally ill or mentally disordered, you are likely to be kept in hospital for a third examination.
If a third examination is needed, the third doctor who does the examination must be a psychiatrist. If that third doctor does not think you are mentally ill or mentally disordered, then you must be allowed to leave.
If the third doctor forms the view that you are mentally ill or mentally disordered and therefore disagrees with the second doctor, then you may be required to remain in hospital on an involuntary basis as an assessable person An assessable person is a person detained on an involuntary basis under the Mental Health Act 2007 (NSW) in a public mental health facility who has not been reviewed by the Mental Health Review Tribunal (MHRT). The Authorised Mental Officer of a public mental health facility must present an assessable person to the MHRT for a Mental Health Inquiry as soon as practicable after the person’s detention in hospital. More until a Mental Health Inquiry is held by the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. . This situation does not happen very often.
While you are waiting for a third examination, the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More or delegate can decide to discharge you if you are no longer mentally ill, or if care of a less restrictive kind becomes available.
The Mental Health Act 2007 (NSW) permits the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to delay any of the steps above if you have another serious condition or illness, other than a mental illness or mental condition, that must be treated first. For example, if you have attempted suicide resulting in serious physical injury, the Act permits you to be admitted to a general hospital for treatment of these injuries prior a mental health examination.
Once you have recovered enough to communicated and to be assessed, you can be examined. This can also take place while you are in the general hospital.
If you are detained as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can be detained for up to three (3) days, not including weekends and public holidays. You can be given treatment without your consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More .
If you are in this situation:
If you are detained as a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More :
As soon as possible after you have been detained in hospital under the Mental Health Act 2007 (NSW), you must be given an oral explanation and written Statement of your rights (found in Schedule 3 of the Act). The statement of rights explains the procedures that must be followed after you are detained, and your rights throughout the process of involuntary detention.
You have a right to have the rights explained to you in a language that you can understand.
If the Authorised Medical Officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More thinks that you cannot understand the explanation or Statement of Rights when it is given to you, they should provide this information again twenty-four (24) hours before a Mental Health Inquiry is held about you.
Please see below a copy of the Statement of rights for mentally ill and mentally disordered persons below
You should read the questions and answers below to find out your rights and what may happen to you after you are brought to a mental health facility.
What happens after I arrive at a mental health facility?
You must be seen by a facility doctor not later than 12 hours after you arrive at the mental health facility.
If you are a person who is already in a mental health facility as a voluntary patient A voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More , and you have been told you are now to be kept in the facility against your will, you must be seen by a facility doctor not later than 12 hours after it is decided to keep you in the facility.
When can I be kept in a mental health facility against my will?
You can be kept in a mental health facility against your will if you are certified by the facility doctor as a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . The doctor will decide whether or not you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More .
A mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More is someone who has a mental illness and who needs to be kept in a mental health facility for his or her own protection or to protect other people. A mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More is someone whose behaviour shows that he or she needs to be kept in a mental health facility for a short time for his or her own protection or to protect other people.
The facility cannot continue to keep you against your will unless at least one other doctor also finds that you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More . At least one of the doctors who sees you must be a psychiatrist.
How long can I be kept in a mental health facility against my will?
If you are found to be a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More , you can only be kept in a mental health facility for up to 3 days (weekends and public holidays are not counted in this time). During this time you must be seen by a doctor at least once every 24 hours. You cannot be detained as a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More more than 3 times in any month.
If you are found to be a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , you will be kept in the mental health facility until you see the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. who will hold a mental health inquiry to decide what will happen to you.
How can I get out of a mental health facility?
You, or a friend or relative, may at any time ask the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to let you out. You must be let out if you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or a mentally disordered person In the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More or if the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More thinks that there is other appropriate care reasonably available to you.
You or a person who asks for you to be let out may appeal to the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. against a refusal by the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to let you out.
Can I be treated against my will?
The facility staff may give you appropriate medical treatment, even if you do not want it, for your mental condition or in an emergency to save your life or prevent serious damage to your health. The facility staff must tell you what your medical treatment is if you ask. You must not be given excessive or inappropriate medication.
You may be operated on if a person who is your designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More and the Secretary of the Ministry of Health agree if you do not consent Agreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to the operation, but only if it is in your interests to have the operation.
Can I be given electro convulsive therapy (ECT) against my will?
Yes, but only if the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. determines at a hearing that it is necessary or desirable for your safety or welfare. You have a right to attend that hearing.
You should read the questions and answers below to find out about mental health inquiries and when you may be kept in a mental health facility against your will after an inquiry.
When is a mental health inquiry held?
A mental health inquiry must be held as soon as practicable after it is decided to keep you in a mental health facility against your will because you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .
What happens at a mental health inquiry?
Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will decide whether or not you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More .
If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. decides that you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , you must be let out of the mental health facility.
If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. decides that you are a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More , Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will then decide what will happen to you. Consideration must be given to the least restrictive environment in which care and treatment can be effectively given. Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may order that you be kept in a mental health facility as an Involuntary Patient for a set time (not more than 3 months) or Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may order that you be let out of the mental health facility. If you are let out, Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may make a community treatment order A Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More requiring you to have certain treatment after you are let out.
Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. may adjourn the inquiry for up to 14 days where it considers that it is in your best interests.
If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. makes an order that you are to remain in a mental health facility as an involuntary patient, Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must also consider whether you are capable of managing your financial affairs. If Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. is not satisfied that you are capable, an order must be made for the management of your affairs under the NSW Trustee and Guardian In NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More Act 2009.
What rights do I have at a mental health inquiry?
You can tell Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. what you want or have your lawyer tell Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. what you want. You can wear street clothes, be helped by an interpreter and have a designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More , relatives and friends told about the inquiry. You can apply to see your medical records.
What are my rights of appeal if I have been made an involuntary patient?
You (or a carer or friend or relative) may at any time ask the medical superintendent or another authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to discharge you. If the medical superintendent or authorised medical officer An Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More refuses or does not respond to your request within 3 working days you (or a carer or friend or relative) may lodge an appeal with the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. .
You will be given a notice setting out your appeal rights.
What happens when the time set by an order making me an involuntary patient has nearly ended?
The facility medical staff will review your condition before the end of the order and the mental health facility may either discharge you or apply to the Mental Health Review Tribunal The Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for a further order.
The Tribunal must let you out of the mental health facility if it decides that you are not a mentally ill person A mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More or if it feels that other care is more appropriate and reasonably available.
Who can I ask for help?
You may ask any facility staff member, social worker, doctor, official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More , chaplain, your own lawyer or the Mental Health Advocacy Service for help. The Mental Health Advocacy Service telephone number is 9745 4277.
Can I see an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More ?
You may ask any facility staff member if you can see an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More . Staff will arrange for a visit by an official visitor An ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More .
Can I ask a friend or relative to act for me?
You may nominate up to 2 people to be your designated carers, including a person who is also your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More , while you are in a mental health facility. A designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More may ask for information on your behalf and will be informed if you are kept in a mental health facility, subject to a mental health inquiry, transferred or discharged and of proposed special mental health treatments or surgical operations. You and a designated carer A designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or any other person who is your principal care provider Principal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More also have the right to be given information about follow-up care if you are discharged.
