Most people will suffer from a mental illness at some point in their lives. Sometimes a mental illness will be mild and fleeting. At others it can be debilitating and have a dramatic impact on your own life and those around you. There are laws in each state and territory that ensure that people with mental illness are protected and have the right to live and work in a safe and supportive environment. This means an environment free from discrimination and with adequate medical and emotional support. Families and communities of people with mental illness also deserve the dedicated help of professionals to best support their loved ones.

Each state and territory has laws in place to regulate the medical treatment of people with mental illness. For people with severe mental illness who pose a threat to themselves or others this can include involuntary treatment. Involuntary treatment is treatment against a person’s will. A treating team of doctors and psychiatrists must work together and follow strict guidelines to administer this treatment.

Many of the rules governing treatment of persons with mental illness are contained in legislation (written law) and regulations set out in our FAQ section.
Additional policy documents and guidelines help lawyers and judges interpret and apply those rules. These rules are different in every state and territory within Australia and it is important to refer to the correct legislation if you want to know more about your particular rights and responsibilities. It is also important to ensure that the information you are acting on is up-to-date as this area of law is currently undergoing revision in most locations around Australia.

Although each state and territory has developed their own individual mental health law there are substantial similarities between each set of rules. As an example each set of laws will usually contain similar provisions such as a test that must be used to determine whether a person has a mental illness and how to undertake an assessment of the risk that a person poses to themselves and others.

There are some times when a person may be ill enough for their doctors to decide that they cannot make decisions for themselves. Mental health law provides special rules that allow doctors to make decisions on that person’s behalf. If you have a history of mental illness or are receiving mental health treatment you can consider talking to a lawyer and planning ahead for situations where you might not be able to make decisions yourself.

Mental health law in Australia also gives the police the power to intervene and take a mentally ill person to hospital in some circumstances. There are specific laws in each state and territory that govern these powers. They usually allow for intervention and transport to hospital when a person shows signs of mental illness and presents a serious danger to themselves or someone else.

This Legal Guide on Mental Health Law provides individuals with a mental illness as well as their friends and family with information about mental health treatment in Australia. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.