Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 15

    (1)     The responsible person for a mental health facility or community care facility must ensure that, as soon as practicable after it is decided to give treatment, care or support to a person at the facility, the person—

        (a)     is orally advised of their rights under this Act; and

        (b)     is given a written information statement including—

              (i)     a statement of the right to obtain a second opinion from an appropriate mental health professional; and

              (ii)     a statement of the right to obtain legal advice; and

              (iii)     a statement that, if the person has decision-making capacity, the person has the right to—

    (A)     nominate someone else to be the person's nominated person; and

    (B)     enter into an advance agreement; and

    (C)     make an advance consent direction; and

              (iv)     information about the role of a nominated person under this Act; and

              (v)     the location of the information required to be available at the facility under section 16; and

              (vi)     anything else prescribed by regulation.

    (2)     A mental health professional giving treatment, care or support in the community to a person with a mental disorder or mental illness must ensure that the advice and information mentioned in subsection (1) (a) and (b) is given to the person as soon as practicable after it is decided to give the person treatment, care or support in the community.

    (3)     The responsible person or mental health professional must ensure that the advice and information—

        (a)     is provided in a way that the person is most likely to understand; and

        (b)     if the person appears to be unable to understand the advice or information, the public advocate is told of that fact.

    (4)     The responsible person or mental health professional must also take reasonable steps to give a copy of the information to—

        (a)     if the person has a nominated person—the nominated person; and

        (b)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian; and

        (c)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney; and

        (d)     if a health attorney is involved in the treatment, care or support of the person—the health attorney; and

        (e)     if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility); and

        (f)     if the person has a legal representative—the legal representative; and

        (g)     if the person has a carer—the carer.