Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 352

352 .         Functions of mental health advocates

        (1)         The functions of a mental health advocate are —

            (a)         visiting or otherwise contacting identified persons in accordance with section 357; and

            (b)         inquiring into or investigating any matter relating to the conditions of mental health services that is adversely affecting, or is likely to adversely affect, the health, safety or wellbeing of identified persons; and

            (c)         inquiring into or investigating the extent to which identified persons have been informed by mental health services of their rights under this Act and the extent to which those rights have been observed; and

            (d)         inquiring into and seeking to resolve complaints made to mental health advocates about the detention of identified persons at, or the treatment or care that is being provided to identified persons by, mental health services; and

            (e)         referring any issues arising out of the performance of a function under paragraph (b), (c) or (d) to the appropriate persons or bodies to deal with those issues, including to the Chief Mental Health Advocate under section 363(2); and

            (f)         assisting identified persons to protect and enforce their rights under this Act; and

            (g)         assisting identified persons to access legal services; and

            (h)         in consultation with the medical practitioners and mental health practitioners responsible for their treatment and care, advocating for and facilitating access by identified persons to other services; and

                  (i)         any other functions conferred on a mental health advocate by this Act or another written law.

        (2)         For the purposes of subsection (1)(d), a complaint may be made to a mental health advocate by a person who has a sufficient interest in the identified person concerned.

        (3)         The performance by a mental health advocate of the function under subsection (1)(e) includes —

            (a)         assisting an identified person to make a complaint under Part 19 to —

                  (i)         the person in charge of a mental health service; or

                  (ii)         the Director of the Complaints Office;

                and

            (b)         being an identified person’s representative in respect of a complaint referred to in paragraph (a)(ii) if recognised as the identified person’s representative under section 316(2).

        (4)         The performance by a mental health advocate of the function under subsection (1)(f) includes —

            (a)         assisting an identified person in relation to any application made under this Act in respect of the identified person to, and in relation to any proceedings under this Act in respect of the identified person before, the Mental Health Tribunal or the State Administrative Tribunal; and

            (b)         if authorised under this Act — representing an identified person in any proceedings under this Act in respect of the identified person before the Mental Health Tribunal or the State Administrative Tribunal.

        (5)         In performing a function under this section, a mental health advocate engaged under section 350(1) is subject to the general direction and control of the Chief Mental Health Advocate.