(1) Any carer or close
family member of a patient is entitled —
(a)
subject to this Division, to be provided with information relating to the
patient’s treatment and care, including information about these matters
—
(i)
the mental illness for which the patient is being
provided with treatment or care;
(ii)
if the patient is an involuntary patient — the
grounds on which, and the provision of this Act under which, the involuntary
treatment order was made;
(iii)
the treatment and care proposed to be provided to the
patient and any other options for the patient’s treatment and care that
are reasonably available;
(iv)
the treatment provided to the patient and the
patient’s response to that treatment;
(v)
the seclusion of, or use of bodily restraint on, the
patient;
(vi)
the services available to meet the patient’s needs;
and
(b)
subject to this Division, to be involved in matters relating to the
patient’s treatment and care, including these matters —
(i)
the consideration of the options that are reasonably
available for the patient’s treatment and care; and
(ii)
the provision of support to the patient; and
(iii)
the preparation and review of any treatment, support and
discharge plan for the patient;
and
(c) to
be provided with information about the patient’s rights under this Act
and how those rights can be accessed and exercised; and
(d) to
be provided with information about the rights of the carer or close family
member under this Act and how those rights can be accessed and exercised.
(2) A carer or close
family member of a patient may indicate the extent to which the carer or close
family member wants to be provided with the information referred to in
subsection (1)(a), (c) or (d) or to be involved in the matters referred to in
subsection (1)(b).
(3) To avoid doubt, a
carer or close family member of a patient is not authorised to apply on the
patient’s behalf for admission or discharge by a mental health service,
or make a treatment decision about the provision of treatment to the patient,
unless the carer or close family member is authorised to do so in another
capacity.
Notes for this section:
1. Any information
provided under section 285(1)(a), (c) or (d) must be provided in accordance
with section 9(2).
2. For section 285(3),
a carer of a patient could for example also be the patient’s enduring
guardian or guardian or a close family member of a patient could for example
also be the person responsible for the patient under the GAA Act section
110ZD.