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Chapter 4 Section D: Voluntary patients under the Mental Health Act 2007 (NSW)

The Mental Health Act 2007 (NSW) is mainly about involuntary treatment and admission, but it also deals with ‘voluntary patients’. A voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. is a person who has chosen to be admitted to a mental health facility or is under guardianshipGuardianship describes the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because it has been determined 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. and has been admitted at the request of, or with the consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. of their guardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D..

An Authorised Medical Officer needs to be satisfied that the person is likely to benefit from inpatient care and treatment before admitting them to a mental health facility. If the Authorised Medical Officer refuses, the person can seek to have this decision reviewed by the Medical Superintendent.

In this section, you will find information about:

• Rights of voluntary patients
• Discharge
• Voluntary patients becoming involuntary patients
• Voluntary patients with guardians
• Voluntary patients and electro-convulsive therapy
• Voluntary patients and Mental Health Review Tribunal reviews

4D.1: Rights of voluntary patients

The rights and obligations of competent adult ‘voluntary patients’ under the Mental Health Act 2007 (NSW) are fundamentally the same as other adult patients in general hospitals.

Voluntary patients should be provided with a written Statement of Rights (Schedule 3A) and an oral explanation of their rights as soon as possible after admission. The Statement can be found here, and it explains:

• What a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. must be told about their treatment;
• A voluntary patient’s right to refuse treatment at any time;
• A voluntary patient’s right to leave a mental staff facility once they have told a staff member
• A voluntary patient’s right to nominate up to two Designated Carers;
• A voluntary patient’s right to see an 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 under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW 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.;
• The mental health facility’s right to discharge a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them.; and
• The mental health facility’s ability to reclassify a person as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them..

4D.2: Voluntary patients and discharge

A voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. may discharge themselves at any time by informing hospital staff. An Authorised Medical Officer may discharge a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. if they decide that the person is unlikely to benefit from continued inpatient care and treatment.

The Designated CarerThe amendments to the Mental Health Act 2007 (NSW) were assented on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW) has replaced the term 'Primary Carer' with the term Designated Carer.To read more see Chap 9 and 12D. and/or Principal Care ProviderThe amendments to the Mental Health Act 2007 (NSW) were assented to on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW), now recognises a new category of persons, who are referred to as a 'principal care providers'. A principal care provider is the individual who is primarily responsible for providing support and care to a person with mental illness. The principal care provider generally has the same rights to notice, to be consulted and to make requests as the 'designated carer' (formerly the 'primary carer'). To read more see Chap 12D. should also be notified of the discharge.
A voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. who has been discharged by an Authorised Medical Officer may apply to have that decision reviewed by the Medical Superintendent, and this review must take place as soon as possible.

4D.3: Voluntary patients becoming involuntary patients

At any time while you are a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. in any hospital, a doctor can decide that you should be made an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5. under the Mental Health Act 2007 (NSW). This might be because the Authorised Medical Officer believes that you are a mentally ill or mentally disordered personIn the Mental Health Act 2007 (NSW) a mentally disordered person is defined as such if: their behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. who requires inpatient care, but is concerned that you may not continue treatment and leave the hospital, or it may be because the Authorised Medical Officer is concerned that your mental illness or mental disorder makes it impossible for you to consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. to treatment as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them..

The Mental Health Act 2007 (NSW), gives an Authorised Medical Officer of a public mental health facility the power to detain a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. in hospital for a period of up to two (2) hours for the purpose of assessing if he or she is a mentally ill or mentally disordered personIn the Mental Health Act 2007 (NSW) a mentally disordered person is defined as such if: their behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. who ought to be detained as an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5..

Your behaviour as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. and your willingness to accept the hospital’s suggested treatment can be used by the medical practitioners when considering whether or not to make you an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5.. The hospital’s account of your behaviour as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. can be questioned and challenged by you or your legal representative if your status is considered in a mental health inquiry by the Mental Health Review Tribunal.

4D.4: Voluntary patients with guardians

The Mental Health Act 2007 (NSW) also has sections for voluntary patients who have guardians:
An Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. See ‘Guardian, Guardianship & Enduring Guardianship’, Chap 5A.5. and a GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. appointed by the GuardianshipGuardianship describes the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because it has been determined 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. Division of the NSW Civil and Administrative Tribunal can request an authorised medical officer to admit a person as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them.. A GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. can only ask for a person to be admitted as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. if they have authority to make decisions related to medical care and treatment. A person cannot be admitted as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. by their GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. if they object to being admitted to hospital, unless the GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. has been provided with a power to do so under the order that appoints them. In any other situation they can only be admitted as an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5..

A person cannot be admitted to hospital as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. if their Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. See ‘Guardian, Guardianship & Enduring Guardianship’, Chap 5A.5. or GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. objects to their admission (provided they have power with respect to medical care and treatment in the order of their appointment).

A voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. must also be discharged from hospital if their Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. See ‘Guardian, Guardianship & Enduring Guardianship’, Chap 5A.5. or GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. requests discharge (provided they have power with respect to medical care and treatment in the order of their appointment).

An Enduring GuardianThe Guardianship Act 1987 (NSW) makes it possible for a person with legal capacity to appoint an Enduring Guardian. An Enduring Guardian can make decisions for you in areas such as accommodation, health and services, if you lose the capacity to make your own decisions at some time in the future. An Enduring Guardian cannot make decisions about your money or assets. See ‘Guardian, Guardianship & Enduring Guardianship’, Chap 5A.5. and a GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. can also ask for an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5. to be re-classified as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them..

The Mental Health Act 2007 (NSW) allows children under sixteen (16) to be admitted as voluntary patients by their parents. Where a person has a legally appointed GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D., the GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. may be involved in decisions about admission and discharge.

To read more about this, click here. In this respect, a GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D. is automatically recognised as a person’s Designated CarerThe amendments to the Mental Health Act 2007 (NSW) were assented on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW) has replaced the term 'Primary Carer' with the term Designated Carer.To read more see Chap 9 and 12D. under the Mental Health Act 2007 (NSW).

4D.4: Voluntary patients and electro-convulsive therapy

If you are a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them., you will only be given ECT if you agree to it. If you decide to have ECT, you must give ‘informed consent’ to the treatment. Under the Mental Health Act 2007 (NSW), this means that your consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. to ECT must be ‘free and voluntary’ and it must be given in writing. Prior to obtaining your consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. to ECT, the treating team must also take certain steps set out in the Mental Health Act 2007 (NSW), to ensure that you are able to understand:

• the nature of the treatment and how it will be given;
• how many treatments are proposed;
• the potential benefits of the treatment;
• the potential discomforts, risks and side effects of the treatment, including possible loss of memory;
• what other types of treatment are available;
• whether the doctor has any financial relationship with the hospital where treatment is to be given;
• that you can get advice from another doctor and a lawyer before you consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3.; and
• that you can choose to stop the course of treatment at any time.

You must also be given a chance to ask any questions about the treatment and you must be given answers that you understand. Under the Mental Health Act 2007 (NSW) a person is to be presumed to be incapable of giving informed consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. to ECT if, at the time consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. is sought, the person is affected by medication that impairs their ability to give consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3..

If you have given consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. but the medical superintendent is not sure that you are able to give informed consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3., they may ask the Mental Health Review Tribunal to decide whether your consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. is valid. Reasonably practicable steps should be taken to inform your Designated CarerThe amendments to the Mental Health Act 2007 (NSW) were assented on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW) has replaced the term 'Primary Carer' with the term Designated Carer.To read more see Chap 9 and 12D. and Principal Care ProviderThe amendments to the Mental Health Act 2007 (NSW) were assented to on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW), now recognises a new category of persons, who are referred to as a 'principal care providers'. A principal care provider is the individual who is primarily responsible for providing support and care to a person with mental illness. The principal care provider generally has the same rights to notice, to be consulted and to make requests as the 'designated carer' (formerly the 'primary carer'). To read more see Chap 12D. that a hearing will take place.

If the Tribunal finds you do not have capacityCapacity refers to a person’s ability to make his/her own decisions and give informed consent. These may be small decisions, such as what to do each day, or bigger decisions like where to live or whether to have an operation. A person may lack capacity in some areas, but still be able to make other decisions. to consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3., you will not be given ECT will you are a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them.. No other person can consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. on your behalf to ECT if you are a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them. (including your GuardianIn NSW, guardians are appointed by the Guardianship Division of NCAT 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. To read more see Chap 5 & 12D.).

The Mental Health Act 2007 (NSW) does not permit a person under the age of sixteen (16) years to consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. to ECT (nor can a person with parental responsibility for them consentAgreeing to medical treatment is called 'consent'. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, risks. You agreeing to the treatment once you have been given the information and understand it is called 'informed consent' to treatment. Informed consent by a person who has capacity is a valid consent. To read more see Chap 3B.1 & Chap 8F.3. on their behalf). The administration of ECT to a person under the age of 16 years can only occur with the approval of the Mental Health Review Tribunal. The Act will also require the Mental Health Review Tribunal to consider the views of the young person’s Designated CarerThe amendments to the Mental Health Act 2007 (NSW) were assented on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW) has replaced the term 'Primary Carer' with the term Designated Carer.To read more see Chap 9 and 12D., Principal Care ProviderThe amendments to the Mental Health Act 2007 (NSW) were assented to on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW), now recognises a new category of persons, who are referred to as a 'principal care providers'. A principal care provider is the individual who is primarily responsible for providing support and care to a person with mental illness. The principal care provider generally has the same rights to notice, to be consulted and to make requests as the 'designated carer' (formerly the 'primary carer'). To read more see Chap 12D. or parent (if the parent is not a Designated CarerThe amendments to the Mental Health Act 2007 (NSW) were assented on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW) has replaced the term 'Primary Carer' with the term Designated Carer.To read more see Chap 9 and 12D. or Principal Care ProviderThe amendments to the Mental Health Act 2007 (NSW) were assented to on the 28 November 2014 by way of the Mental Health Amendment (Statutory Review) Act 2014 (NSW). These changes are now in force. The Mental Health Act 2007 (NSW), now recognises a new category of persons, who are referred to as a 'principal care providers'. A principal care provider is the individual who is primarily responsible for providing support and care to a person with mental illness. The principal care provider generally has the same rights to notice, to be consulted and to make requests as the 'designated carer' (formerly the 'primary carer'). To read more see Chap 12D.) if these are known.

4D.5: Voluntary patients and Mental Health Review Tribunal reviews

The Mental Health Review Tribunal must review voluntary patients every twelve (12) months if they stay as a patient of a hospital mental health facility. This also occurs if they were an involuntary patientAn Involuntary patient is someone who is admitted and detained in a hospital or psychiatric unit for care and treatment under the Mental Health Act 2007. In most cases it refers to a person who is detained under an Involuntary Patient Order made by the Mental Health Review Tribunal. In some circumstances the term includes an ‘assessable person’ detained in a mental health facility prior to a Mental Health Inquiry. To read more see Chap 4C.5. for part of that period.

At the review, the Tribunal will consider:

• the care and treatment the person is receiving;
• whether the person is likely to benefit from continued care and treatment as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them.;
• whether appropriate care is available other than the mental health facility; and
• whether the person consents to remaining a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them..

The Tribunal may order the patient’s discharge, order the patients discharge but delay for up to fourteen (14) days if it is in their best interest, and decide to make no order. If the Tribunal makes no order, the person continues as a voluntary patientA voluntary patient is someone who admits himself or herself to a Mental Health Facility, or agrees to remain in a Mental Health Facility to which they were involuntarily admitted, of their own free will in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. A Guardian may also admit a person who does not have capacity to consent to treatment to a Mental Health Facility as a voluntary patient, provided that person does not refuse or object to the mental health care and treatment being provided to them..

Updated December 14, 2019