Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 6

In exercising a function under this Act, the following principles must be taken into account:

        (a)     a person with a mental disorder or mental illness has the same rights and responsibilities as other members of the community and is to be supported to exercise those rights and responsibilities without discrimination;

        (b)     a person with a mental disorder or mental illness has the right to—

              (i)     consent to, refuse or stop treatment, care or support; and

              (ii)     be told about the consequences of consenting to, refusing or stopping treatment, care or support;

        (c)     a person with a mental disorder or mental illness has the right to determine the person's own recovery;

        (d)     a person with a mental disorder or mental illness has the right to have the person's will and preferences, to the extent that they are known or able to be known, taken into account in decisions made about treatment, care or support;

        (e)     a person with a mental disorder or mental illness has the right to access the best available treatment, care or support relating to the person's individual needs;

        (f)     a person with a mental disorder or mental illness has the right to be able to access services that—

              (i)     are sensitive and responsive to the person's individual needs, including in relation to age, gender, culture, language, religion, sexuality, trauma and other life experiences; and

              (ii)     observe, respect and promote the person's rights, liberty, dignity, autonomy and self-respect;

        (g)     a person with a mental disorder or mental illness has the right to be given timely information, in a way that the person is most likely to understand, to allow the person to make decisions or maximise the person's contribution to decision-making about the person's assessment and treatment, care or support;

        (h)     a person with a mental disorder or mental illness has the right to communicate, and be supported in communicating, in a way appropriate to the person;

Examples

1     aided augmentative and alternative communication including teletypewriter services, communication boards and communication books

2     unaided augmentative and alternative communication including sign language and facial expression

3     use of an interpreter or translation service

4     use of an independent advocacy service

              (i)     a person with a mental disorder or mental illness has the right to be assumed to have decision-making capacity, unless it is established that the person does not have decision-making capacity;

Note     For principles of decision-making capacity, see s 8.

        (j)     services provided to a person with a mental disorder or mental illness should—

              (i)     respect the informed consent of the person to the person's assessment and treatment, care or support including consent as expressed in an advance consent direction; and

              (ii)     support and allow the person to make the person's own decisions; and

              (iii)     be provided in a way that considers and respects the preferences of the person, including those expressed in an advance agreement; and

              (iv)     promote a person's capacity to determine the person's recovery from mental disorder or mental illness; and

              (v)     seek to bring about the best therapeutic outcomes for the person and promote the person's recovery; and

              (vi)     be therapeutic or diagnostic in nature for the benefit of the person, and never administered as punishment or for the benefit of someone other than the person; and

              (vii)     be delivered in a way that takes account of, and continues to build on, evidence of effective assessment and treatment, care or support; and

              (viii)     be provided in a way that ensures that the person is aware of the person's rights; and

              (ix)     facilitate appropriate involvement of close relatives, close friends and carers in treatment, care or support decisions in partnership with medical professionals; and

              (x)     acknowledge the impact of mental disorder and mental illness on the close relatives, close friends and carers of people with a mental disorder or mental illness; and

              (xi)     recognise the experience and knowledge of close relatives, close friends and carers about a person's mental disorder or mental illness; and

              (xii)     promote inclusive practices in treatment, care or support to engage families and carers in responding to a person's mental disorder or mental illness; and

              (xiii)     promote a high standard of skill and training for the people providing treatment, care or support.