I've just been admitted to a psychiatric hospital involuntarily. It's happened before and I don't agree with the kind of treatment I received last time. I'm worried that the same thing is going to happen again. I've been told that the tribunal has to decide on my course of treatment because I am not able to make my own decisions. I know that things have been really bad lately but I still think that I am capable. What rights do I have?
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Answer by LegalEagle™ staff, Northcote 3070 VIC
- You have a number of rights before the Mental Health Tribunal. A statement of rights must be provided to you before you attend any tribunal hearing. This document states what rights you have throughout your assessment and treatment.
- Before the hearing takes place the team that are treating you will compile a report for the tribunal. You have the right to see this report and any other documents relating to your condition at least 48 hours before the hearing.
- At the hearing you are allowed to be represented by a lawyer. You can argue against the proposed treatment and against the assessment of your medical team if you wish to do so. You may wish to ask for a different treatment plan to the one that is being suggested for example.
- You may also wish to have a friend or family member attend the hearing with you as a support person.
- It is important that you stand up for your rights at the hearing and ask any questions about the issues you are concerned about.
- The tribunal may find that you are capable of making your own decisions. They may find that you are not capable to make your own decisions but will factor your treatment preferences into their decision.
- If you are concerned about your ability to assert your own rights you should engage a lawyer to act on your behalf at the tribunal hearing.