Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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Where can I get emotional support for my mental illness?
- There are many other places that you can get help in times of crisis.
- You can call Lifeline on 13 11 14 for immediate phone support at any time of the day or night.
- Beyond Blue is a national body providing support to people with depression and anxiety. You can get immediate support via their website or by phoning 1300 22 4636 at any time.
- Black Dog Institute provides excellent support for people with mood disorders.
There are many organisations working together to support people with depression and other mental illness. If you suffer from mental illness it might be a good idea to do some research into the organisation who can provide you with the most appropriate support. Keeping a few contact numbers on hand can ensure that when you need help it is not far away
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What is electroconvulsive treatment?
- Electroconvulsive treatment (ECT) involves the stimulation of your brain with a brief and carefully controlled electrical pulse. Usually the electrodes will be placed at the bottom of your head in very precise locations. Modern ECT is considered both safe and effective. It is always administered under a general anaesthetic along with a muscle relaxant. This prevents you from convulsing and from feeling any pain.
- Generally ECT can't be given without a patient's consent.
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Can you explain compulsory treatment?
- Compulsory treatment is necessary treatment given to a patient in the event that they are unable to make their own treatment decisions.
- The consequences of being unable to make your own treatment decisions will vary according to the law in each state or territory.
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Can I be made to stay in a psychiatric hospital or other facility?
- This will usually depend on whether you are a voluntary or involuntary patient.
- If you are a voluntary patient and want to leave you can usually be detained for a certain number of hours until a psychiatrist has seen you. This may not be the same psychiatrist that is currently treating you. If the psychiatrist who is examining you believes that you require treatment in hospital then they can decide to make you an involuntary patient.
- Involuntary patients are generally not able to leave the facility of their own accord.
- The specific rules as to when you can and cannot leave a treatment facility will depend on the law in your state or territory.
- If you are concerned that you are being unfairly detained then you may wish to contact a lawyer. You can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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How can I get an advance directive?
- An advance directive is a legal document that contains your preferences regarding your health care, treatment options and other personal matters in the event that you were unable to make those decisions yourself. It is sometimes described as a 'living will.'
- As an advance directive is a legal document there are several things you should do to ensure that the directive will be effective.
- First you should speak with those close to you such as your family, friends, doctor and treatment team. It is important that people understand why you are making an advance directive and how it will affect them if it is put into action. If you want specific people to carry out certain tasks for you then it is important that they know this. You may also wish to speak to your lawyer if they are likely to be involved in your plan. A lawyer can also make sure that the advance directive is properly drafted and legally effective.
- You may want to consider appointing someone to make decisions for you. This is often referred to as appointment of a substitute decision maker. You can appoint such a person by filling in an enduring power of attorney form. A lawyer can also assist you with this task as a power of attorney is a legal document.
- You must ensure you write your wishes down. Some states and territories have standard forms that you can fill out. If your state or territory does not have a standard form you can make your advance directive in the form of a letter.
- Either way you must ensure you have signed and dated the document. It must be witnessed by someone capable of doing so. You may like to speak to your doctor and have them write a supporting letter if possible. You should then hand the document out to the relevant people so that it can be put into action if needed.
- You can use our LegalPlan™ membership to ask lawyers for a Fixed Fee Quote in relation to your mental health law needs.
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What law applies to me?
- The mental health law that applies to you will depend on where you live in Australia.
- Some of the most important law are:
- Mental Health Act 2014 (Vic);
- Mental Health Regulations 2014 (Vic);
- Mental Health Tribunal Rules 2014 (Vic);
- Mental Health Act 2007 (NSW);
- Mental Health Regulations 2013 (NSW);
- Mental Health Act 2009 (SA) with changes expected following a 2014 review;
- Mental Health Regulations 2010 (SA);
- Mental Health Act 2000 (Qld);
- Mental Health Regulations 2002 (Qld);
- Mental Health Review Tribunal Rules 2009 (Qld);
- Mental Health Act 1996 (WA) with changes due to be implemented under the Mental Health Bill 2013 (WA) which was passed on 16 October 2014. There will be a 12 month transition period before the Bill becomes operational;
- Mental Health Regulations 1997 (WA);
- Mental Health and Related Services Act 2014 (NT);
- Mental Health (Treatment and Care) Act 1994 (ACT) which is soon to be amended under the Mental Health (Treatment and Care) Amendment Act 2014 (ACT);
- Mental Health (Treatment and Care) Regulation 2003 (ACT); and
- Mental Health Act 2013 (Tas).
- Mental health is currently an active area of the law with reviews being undertaken and changes to legislation being brought in.
- For example Victoria has recently introduced new mental health care legislation (written law). This is the Mental Health Act 2014 (Vic). It covers the law concerning compulsory mental health treatment and assessment in Victoria.
- There are provisions relating to supported decision making when you are mentally unwell, how compulsory treatment can be given, safeguards to protect the rights of patients and new provisions dealing with young people and electroconvulsive treatment among other things.
- You can find more about the Mental Health Act 2014 (Vic) at http://www.health.vic.gov.au/mentalhealth/index.htm.
- If you need more specific information about which legislation applies in your situation you can use our free and anonymous Ask a Lawyer service.
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What is a Mental Health Tribunal?
- A number of states and territories have Mental Health Tribunals. These are independent bodies set up exclusively to deal with mental health issues.
- The tribunal’s role is to act as a safeguard under the legislation (written law) for individuals with mental illness. The tribunal's primary function is to protect the rights and dignity of people with mental illness. In particular it must determine whether a person should be given compulsory mental health treatment or not.
- If you are experiencing a mental health crisis and cannot give informed consent to necessary medical treatment in a state or territory that has a Mental Health Tribunal it is likely that the tribunal will make this decision for you. They will always have regard to any advance directives that you may have made.
- Some examples of the kinds of decision the tribunal can make include:
- whether a compulsory patient should receive electroconvulsive treatment (ECT);
- whether a patient should be transferred to other mental health facilities;
- whether a person should receive neurosurgery; and
- many aspects of patient security.
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