This section outlines where you can go if you have any concerns about being an involuntary patient or about the care and treatment you receive as a voluntary or involuntary patient.
If you are an involuntary patient and want to have your involuntary status reviewed, you should contact the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More of the hospital where you are being treated and ask them to discharge you. To find out more about this, click here.
If you want legal advice about being an involuntary patient or want a lawyer to represent you at a Mental Health Inquiry held by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. or at another type of hearing of the full Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings., you can contact the Mental Health Advocacy Service.
If you have concerns about the quality of your care in hospital, you can contact the Health Care Complaints Commission.
If you have concerns about any issue to do with your treatment and care (except legal issues about your involuntary status) you could contact a Consumer Advocate or Peer WorkerA mental health peer worker is someone employed on the basis of their personal lived experience of mental illness and recovery (a consumer peer worker), or their experience of supporting family or friends with mental illness (carer peer worker). This lived experience is an essential qualification for their job, in addition to other skills and experience required for the particular role they undertake. More within the hospital.
If you have particular concerns about your care and treatment as an involuntary patient or the physical state of the hospital or unit where you are being treated, you can contact the Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More.
If you are an assessable person or an involuntary patient and want to be discharged, at any time you can ask to speak to the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More , or the person delegated by the Medical Superintendent to be the ‘Authorised Medical Officer’, to discharge you.
You could either argue that you are no longer ‘mentally ill’ person under the definition in the Mental Health Act 2007 (NSW) or that you could be treated in a less restrictive setting, such as in a private hospital, while living and being cared for by family or friends, through receiving community care and/or private psychological treatment.
The Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More has the power to discharge you at any time if they believe you are no longer mentally ill, or that there is other care of a less restrictive kind, consistent with your safe and effective care, reasonably available to you. Despite an order made by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings., an involuntary patient can be discharged at any time by hospital medical staff or be made a voluntary patientA voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More. The Mental Health Act 2007 (NSW) says that one of these things must happen if you no longer meet the definition of mentally ill or mentally disordered under the Act. Many people don’t remain as involuntary patients for the full length of time set out in the order made by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. at the mental health inquiry.
There is an application form to ask for a review of your involuntary status. You can ask any member of the hospital staff for the form. When you have completed the form, ask a staff member to give it to the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More. The form for this is called ‘Application by a Patient for Discharge from Hospital’, click here to download the form.
However, there is nothing in the Mental Health Act 2007 (NSW) that stops you from approaching the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More directly and putting your case to him or her verbally. If you want to do this and find that you are not able or allowed to make contact, you could ask a member of your family or a friend to do so. Alternatively, you could approach a legal service or an advocacy service and tell them of your attempts to contact the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More.
If the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More decides to discharge you, they can delay discharge for up to fourteen (14) days if they believe it is in your best interests.
If the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More rejects your application to be discharged, or does not respond to your request for discharge within three (3) days, you can appeal to the Mental Health Review Tribunal. The Mental Health Advocacy Service in Legal Aid NSW provides free representation at hearings of these appeals before the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings..
The Medical Superintendent of a hospital can and should, like the administrator of any public health facility, receive and deal with complaints and concerns about the general standard of care you receive in hospital. It is always best to, if possible, to put such complaints or concerns in writing and keep a copy.
The Mental Health Advocacy Service is part of Legal Aid NSW. The solicitors from the Mental Health Advocacy Service ensure that your views are heard by the Tribunal. They will act on your instructions, and check that the procedures and rights set out in the Act have been followed. This is a free service.
The Service provides free telephone advice on all aspects of mental health law. The Service can be contacted on (02) 9745 4277 during business hours.
The Service provides free legal representation in hearings before the Tribunal in these circumstances:
There are some circumstances where the Mental Health Advocacy Service will consider whether you can afford to pay for a lawyer (‘means test’) or whether you have a very strong case (‘merit test’) before helping you. These are the circumstances:
The Mental Health Advocacy Service does not generally represent consumers in the following matters:
The Mental Health Advocacy Service also provides representation on request to people who are the subject of applications before the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of the NSW Civil and Administrative Tribunal. The Tribunal must first either agree for the person to have a lawyer (‘grant leave’) or the Tribunal can ask for a lawyer to act as a ‘separate representative’.
For further details and advice about representation contact the Mental Health Advocacy Service (02) 9745 4277.
Many hospitals have Consumer Advocates and Peer Workers. They are people with lived experience as patients ( or carers of patients) in the mental health system. They are employed by the Area Health Services to provide support and advice to patients and their carers and relatives.
Consumer Advocates and Peer Workers:
Consumer Advocates and Peer Workers are unlikely to be able to resolve issues such as discharge, or major concerns about the standard of patient care that challenge decisions of medical staff.
If you do not know who the ConsumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More AdvocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More or Peer WorkerA mental health peer worker is someone employed on the basis of their personal lived experience of mental illness and recovery (a consumer peer worker), or their experience of supporting family or friends with mental illness (carer peer worker). This lived experience is an essential qualification for their job, in addition to other skills and experience required for the particular role they undertake. More is in the hospital, ask the nurse unit manager or the social worker.
Updated March 20, 2020
