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MENTAL HEALTH ACT 2014 - SECT 285

285 .         Rights of carers and close family members

        (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.



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