Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 26

    (1)     A person with a mental disorder or mental illness who has decision-making capacity may enter into an agreement (an advance agreement ) with the person's treating team that sets out—

        (a)     information the person considers relevant to their treatment, care or support for the mental disorder or mental illness (but not information more appropriate to include in an advance consent direction); and

Note     See s 27 (1) for what an advance consent direction may be about.

        (b)     any preferences the person has in relation to practical help the person may need as a result of the mental disorder or mental illness.

Examples—practical help

1     arranging for the payment of bills

2     arranging care or providing care for a close relative or close friend usually cared for by the person with the mental disorder or mental illness

    (2)     An advance agreement for a person may also set out the following:

        (a)     if the person has an advance consent direction—a copy of the advance consent direction;

        (b)     if the person has a nominated person—contact details for the nominated person;

        (c)     if there is a person who is likely to provide practical help under the agreement—contact details for the person;

        (d)     if the person has a carer—contact details for the carer;

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

—contact details for the guardian;

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

—contact details for the attorney;

        (g)     any other relevant details.

Examples—par (g)

1     that the person cannot speak, read or write English, but is fluent in another stated language (for example, AUSLAN or Italian)

2     that the person cannot speak but can communicate using a stated communication device (for example, a communication book or board)

    (3)     An advance agreement for a person must be—

        (a)     in writing; and

        (b)     signed by—

              (i)     the person; and

              (ii)     the representative of the person's treating team; and

              (iii)     if the person has a nominated person—the nominated person.

    (4)     If there is a person who is likely to provide practical help under the advance agreement, the agreement may also be signed by that person.

    (5)     The representative of the person's treating team must ensure that—

        (a)     the advance agreement is entered in the person's record; and

        (b)     a copy of the advance agreement is given to—

              (i)     the person; and

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

              (iii)     if there is a person who is likely to provide practical help under the agreement and the person consents to that person being given a copy—that person; and

              (iv)     if the person has a carer and the person consents to the carer being given a copy—the carer; and

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

—the guardian and the ACAT; and

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

—the attorney; and

              (vii)     any member of the person's treating team who does not have access to the person's record.