
FAQs
Involuntary Patients
- Can be admitted and detained at a hospital; and
- Be provided with treatment without your consent (s 22, MHA).
- Can be treated in the community; and
- Be provided treatment without your consent (s 23, MHA).
A medical practitioner, or authorised mental health practitioner may refer you for an examination by a psychiatrist (s 26(1), MHA).
Only a psychiatrist may make an involuntary treatment order; no one else can (s 24(1), MHA).
If your examining psychiatrist decides that you satisfy the criteria for an involuntary treatment order under s 25 of the Act, they can make either:
- An inpatient treatment order; or
- A community treatment order.
- An authorised hospital (s 26(2)); or
- Any other place where it is appropriate for you to be examined by a psychiatrist (s 26(3)).
Only a psychiatrist may make an involuntary treatment order; no one else can (s 24(1), MHA).
Why am I being admitted as an inpatient on an inpatient treatment order? S 25(1), MHA
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Why am I being admitted on a community treatment order? S 25(2), MHA
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1. You have a mental illness and you need treatment. | 1. You have a mental illness and you need treatment. |
2. Your mental illness:
• Poses a significant risk to your own health or safety or another person’s safety; or • Puts you at a significant risk of serious harm, or of harming someone else. |
2. Your mental illness:
• Poses a significant risk to your health or safety or another person’s safety; or • Puts you at a significant risk of serious harm, or of harming someone else. • Puts you at a significant risk of suffering serious physical or mental deterioration. |
3. You do not have the capacity to make treatment decisions for yourself. | 3. You do not have the capacity to make treatment decisions for yourself. |
4. It is not reasonable to provide you with treatment in the community. | 4. You can be provided with reasonable treatment in the community. |
5. You cannot be provided with adequate treatment in a way that would involve less restriction on your freedom of choice and movement. | 5. You cannot be provided with adequate treatment in a way that would involve less restriction on your freedom of movement and choice. |
The request is made to either your treating psychiatrist, or the Chief Psychiatrist (s 182(2), MHA).
Your psychiatrist or the Chief Psychiatrist must obtain the further opinion as soon as practicable, once they have received the request (s 182(4)). They must also give you a copy of the further opinion (s 182(8)(a), MHA).
If you previously received a further opinion about your treatment and you then request an additional further opinion, your psychiatrist or the Chief Psychiatrist can refuse your request for a further opinion if they are satisfied that it is not warranted (s 183).
If they decide to refuse your request, they must give you a written record of their decision and the reasons for refusing your request (s 183(3), 183(5)(b) MHA).
Your involuntary order must be reviewed within 35 days of you being made an involuntary patient (or within 10 days if you are a child). The Mental Health Tribunal will review your status as an involuntary patient (s386, MHA).
You are entitled to have your status reviewed at any time by the Mental Health Tribunal. Mental Health Law Centre may be able to assist you with the hearing.
Please note that you will have to wait 28 days before applying for another review (or 7 days for a child), unless there has been a material change in your circumstances (s 390(4), MHA).
- Understand any information or advice given to you about the treatment and alternative; and any risk;
- Understand the matters involved in making the treatment decision; and
- Understand the effect of the treatment decision; and
- Are able to weigh up the factors involved in making a decision; and
- Are able to communicate your decision.
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You give informed consent if:
You have the capacity to give consent (s 18, MHA);
If the proposed treatment is explained to you (s 19, MHA);
If you have been given sufficient time to consider the proposed treatment (s 20, MHA);
If you have been given a reasonable opportunity to discuss with your health professional or to get other advice or assistance (s 20, MHA); and
You give your consent freely and voluntarily (s 16(1)(b), MHA).
- You; or
- If you do not have capacity, the person authorised by law to make the treatment decision on your behalf.
- Sufficient information to enable you to make a balanced judgment about the treatment;
- Any alternative treatment which is not recommended or which effect cannot be predicted reliably, due to insufficient knowledge about it; and
- Inherent risks.