Children and young people can experience mental health conditions, but they may not always know where to seek help or feel like they can seek help. Because young people and children have less life experience and different needs as compared to adults, there are specific safeguards in place to make sure that their rights are respected and their needs are met.
Under the law, a child in NSW is generally a person under the age of eighteen (18). Sometimes, for example under the Children and Young Persons (Care and Protection) Act 1998 (NSW), a child is specifically defined as a person under sixteen (16), and a young person is defined as someone aged sixteen (16) or seventeen (17).
This section gives an overview of the following aspects of the rights and safeguards for children and young people receiving mental health care in NSW:
Australia is a party to the UN Convention on the Rights of the Child, an international agreement between countries to observe common standards for protecting the rights of children. These rights have not become part of Australian domestic law, so they cannot be enforced through our courts or tribunals. However, these rights are still important when discussing whether Australian laws and practices meet international standards.
The National Mental Health Statement of Rights and Responsibilities states that child and young people have the right to the following:
You can find the Mental Health Statement of Rights and Responsibilities by following this link.
There are a few places you can go if you are a young person and are worried you might have a mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More, and want to get information and/or help:
Your local General Practitioner: the best place to start is usually your local General Practitioner, who can make an assessment regarding your mental health and refer you to an appropriate specialist or service. To find out more about your rights when you go to see your General Practitioner, click here.
Mental health services at school: check whether your school has a school counselling service.
Community health services and hospital clinics: some community health services and public hospital clinics have health care professionals who specialise in the mental health of children and young people.
Child and adolescent psychiatrist: these are psychiatrists who specialise in children, adolescents and families. You may need a referral from a General Practitioner to see a child and adolescent psychiatrist. They can assess you and prescribe and monitor medication and refer you to other specialists such as a psychologist, occupational therapist or other allied health practitioner.
If your mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More becomes worse, there are a number of mental health facilities that admit children and adolescents. Some of these facilities provide accommodation and access to education during the admission. Admission to these facilities is often based on referral by health practitioners or other qualified professionals.
The Health Direct website has some information on supporting children experiencing mental health issues and where you might go for support. To read more, click here.
If you’d like to find out more, or talk to someone, here are some organisations that can help:
You can call the Mental Health Line on 1800 011 511* or the Mental Health Information Service on 1300 224 636 * for more information about accessing the appropriate mental health services in your area.
For information about alcohol and drug services that work specifically with young people, click here.
*Mobile phone calls to freecall numbers (numbers starting with 1800) and to local call numbers (numbers starting with 13 or 1300) are charged to the caller at the usual mobile rate.
The law that regulates the care and treatment of adults living with mental health conditions also applies to children and young people. This is the Mental Health Act 2007 (NSW).
There are no laws that deal specifically with the care and treatment of a young person with mental illness, but there are a number of sections of the Mental Health Act 2007 (NSW) that set out the process for admission of children and young people to hospital. Click here to find out more about whether or not you, as a young person, can admit yourself to a mental health facility.
Medical examinations and medical treatment of a young person must be legally authorised. This means that valid 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More must be given to the doctor or health care professional before an examination is conducted or treatment is provided. If valid 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More is not given, then the examination or treatment is an assault.
NSW Health has a Policy Directive governing the provision of mental health services to children and adolescents in public mental health facilities. This Policy notes that decisions about the type of and urgency of admission to a public mental health facility should consider a child or young person’s age, severity and complexity of their condition, the degree of risk to them, availability of services and the 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 a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More of the family or other carers to use them.
All local community care options should be considered before admitting a child or young person to a public mental health facility. The child or young person in need of treatment and family should also be provided with support in preparation for the transfer to the hospital.
Treatment at a public mental health facility should be the least restrictive option, and must consider the safety of the child or young person and that of others. The public mental health facility closest to the child or young person’s home should be chosen. The child or young person should be supported wherever possible, especially for younger children and Aboriginal families. The child or young person should be provided with the most appropriate care for them based on their age, treatment needs and the resources of the hospital.
The Policy Directive applies to admission to Specialist Child and Adolescent Mental Health units, Paediatric hospitals and Paediatric wards in general hospitals, Adult Acute Mental Health wards and Psychiatric Emergency Care Centres.
You can find a copy of this Policy Directive by following this link.
Click the following links to find out more about:
Valid 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More is when you voluntarily agree to have a treatment when you understand what the treatment involves. A providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More of health care must take reasonable steps to make sure that you, as a patient, understand key benefits, limitations and potential risks and side effects of any treatment they suggest before asking you to agree to the treatment. If you agree to the treatment once you have been given the information and understand what you have been told, it is called ‘informed consent’ to treatment. 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More by a person who has 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 a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More is a valid 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More.
Under the law, a young person is capable 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More for medical or dental treatment, without parental 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More, if that person is mature enough to understand the nature and consequences of the treatment.
Health professionals must decide whether a young person has the 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 a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More depending on the circumstances of that young person. The following principles are largely accepted by health care professionals in NSW about who can 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to your medical treatment:
Sometimes, even when you are older than sixteen (16), if the health professional believes strongly that you don’t have the 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 a medical procedure. A person may lack capacity in some areas, but still be able to make other decisions. More 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More, the medical professional may ask your parent 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More on your behalf. If you don’t have a parent 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More on your behalf, then the health care professional may need to apply to 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 (NCAT) to get substitute 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More for anything more than minor treatment.
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 NCAT can 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to medical treatment on behalf of a person who is over sixteen (16) and unable to make an informed decision, usually because of illness or disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. Click here for more information on the Guardianship Division and its role.
If you require “special medical treatment”, it can generally only be carried out on a child under sixteen (16) 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More of 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 NCAT, or if a medical practitioner has the view the treatment is urgently necessary to save the child’s life or prevent serious damage to the child’s health. NCAT can only 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to special treatment of a child if it is satisfied that the treatment is necessary in order to save the child’s life or to prevent serious damage to the child’s psychological or physical health.
Medical or dental treatment provided without proper, 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More may be an assault the law.
In an emergency, health care professionals can treat you without 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More from you or your parent or guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More if you are aged under 16 and they believe it is necessary to treat you to save your life or prevent serious damage to your health.
As a young person, you can generally be admitted as involuntary patients in the same way as adults. However, it may be possible in some cases for you to be provided with the care and treatment you need through a voluntary admission 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More and cooperation of your parent(s).
If you are over sixteen (16) – you can admit yourself into a mental health facility as 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 and it is up to you whether your parent(s) are told you have been admitted.
If your parent objects to you being in a mental health facility and you are fourteen (14) or fifteen (15) years old – you can still stay at the facility if you want to stay.
If you are younger than fourteen (14) – your parent can admit you as 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. You can also admit yourself to a mental health facility, but a medical officer at the facility must make every effort to let your parent know of your admission.
If your parent objects to you being in a mental health facility and you are under fourteen (14) years old – you must be discharged if and when your parent or guardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More asks that you be discharged.
There are different rules and considerations if you are an involuntary patient under the Mental Health Act 2007 (NSW) and you have nominated a Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More under that Act.
A designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More is nominated by you and in most cases identified by treating clinicians as the person who should be consulted about your care and treatment. Your designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More will be informed about any related matters such as hearings, medication, discharge and progress. You can nominate up to two (2) designated carers.
If you do not choose a designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More, a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More can be considered your designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture.
The designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More of a child (i.e. under 18 years of age) is generally the parent. Where the child is over the age of fourteen (14) they may nominate someone other than a parent as their designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More. However, where the child is between the ages of fourteen (14) and eighteen (18) years of age, the Act states that a parent may not be excluded from receiving notice or information about the child.
Click here to find more information about Designated Carers and the Mental Health Act 2007 (NSW).
If you are under 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, your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More. A GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More is a legally appointed person who can make decisions on your behalf. If you have a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More, only your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to medical treatment on your behalf.
For more about 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 hearing process, click here.
In general, children and young people have the same rights as adults under the Mental Health Act 2007. For example, a Statement of Rights should be given to the children or young person as soon as possible after they have been detained in a public mental health facility. Click here to find out more about what these rights are.
To make sure that the child or young person has the assistance they need to understand and exercise their rights, the Mental Health Act 2007 requires young people under sixteen (16) years of age to be legally represented in all matters 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 child or young person can also be represented by another person of their choice with the approval of 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 Tribunal has the power to decide that it is in their best interests to proceed without such representation.
For more information about 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., click here.
Electroconvulsive TherapyElectroconvulsive Therapy (ECT) is a form of treatment for some severe forms of mental illness. It involves the administration of an electrical current to one or both sides of a patient’s brain under general anaesthetic in order to produce a seizure. It may be recommended when other forms of treatment including medication and psychotherapy are ineffective or of limited use. ECT often this produces an improvement in depressive and psychotic symptoms. Sometimes, ECT is prescribed for people who for other medical reasons cannot tolerate certain medications that would otherwise be used to alleviate symptoms. More (ECT) is a safe and effective treatment for people with severe major depressive disorder and some other mental illnesses.
ECT for those under sixteen (16) years of age: Where an application is made for ECT for a young person under the age of sixteen (16) years, one of the two medical certificates required must be completed by a psychiatrist with expertise in the treatment of children and adolescents. The Tribunal must also give its 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to the treatment regardless of whether the young person is a voluntary or involuntary patient, and regardless of whether or not they 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More.
Self-harmSelf-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More is a problem for many young people and it is often linked to the young person’s mental health. While there are many different reasons why a person may self-harmSelf-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More, and different people may give it a different name, self-harmSelf-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More is basically an action that someone takes to deliberately hurt him or herself without necessarily wanting to kill themselves.
Despite the usual confidentiality rules, if, for example, a General Practitioner or a social worker or another person in authority thinks you are a young person at risk of serious harm, they must report this to the NSW Department of Communities and Justice (DCJ). The DCJ may consider that you are at risk of harm in these circumstances.
This reporting requirement applies to any person working in children’s services, health care, welfare services, education, residential services and law enforcement.
If you are under sixteen (16): You are considered a child under the Children and Young Persons (Care and Protection) Act 1998 (NSW). A worker from any of the services listed above must report concerns about your safety and wellbeing if they have reasonable grounds to believe that you are at risk of harm. If you are injecting drugs, you are also considered to be at serious risk of serious harm.
You are sixteen (16) or seventeen (17): You are considered a young person under the Children and Young Persons (Care and Protection) Act 1998 (NSW). A worker with reasonable concerns that you are at risk of serious harm may decide to report it, but they should involve you in making that decision, unless if there are good reasons for excluding you. If you do not want the report to be made, the worker may still report it, but they must tell the Department of Communities and Justice of your wishes, and consider your wishes when deciding how to respond to the report.
To find out what happens when a report has been made about a young person, click here.
If you are harming yourself or you know another young person who might be, there are many resources for you to find out how to prevent or stop self-harmSelf-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More, and how to support someone to stop harming themselves. For a list of mental health services that can support you and for information about self-harmSelf-harm refers to any behaviour which involves the deliberate causing of pain or injury to oneself. This behaviour is generally used by people as an extreme coping strategy to manage distressing or painful emotions and feelings. Whilst the behaviour may be deliberate, it can be driven by a strong impulse that is uncontrollable. More, click here.
Young people have a right to confidentiality with respect to their medical records. Where a young person has 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to treatment, the young person’s parents must not be informed without the young person’s 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More if they are not the designated carerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More. Where a parent has consented to treatment on behalf of the child or young person, the health professional must keep information to the parent confidential and the child or young person has no independent right to confidentiality.
The Health Records and Information Privacy Act 2002 (NSW) applies to everyone no matter what their age. This means a child or young person has a right to access their health records, a right to request that the records be corrected if inaccurate, and a right to ask for their health information not to be shared with other health providers or third parties.
My Health Record is an online summary of a person’s key health information managed by the Commonwealth Government. It includes details of the person’s medical conditions and treatments, medicine details, allergies, and test or scan results. Young people fourteen (14) and older, parents do not have access to their My Health Record unless the young person invites them to be a ‘nominated representative’.
Parents or guardians manage the health records of children under the age of fourteen (14). Young people over fourteen (14) can remove medical documents at any time or set privacy controls to restrict who can see their records. For more information about My Health Record, click here.
There are some exceptions to the confidentiality of your health information as a child or young person. In a medical emergency, doctors can access important health information when time is critical, such as allergies, medicines and immunisations, to assist in determining treatment and care.
The NSW Department of Communities and Justice (DCJ) must respond if someone reports that they think you are at risk of significant (serious) harm.
If they get a report that you may be at risk of significant harm, the DCJ will investigate the matter to work out if you really are at risk of significant harm. DCJ may contact your parent or carer, your teacher, your doctor, and other people who you may be close to in order to find out more about the situation you are in. DCJ must involve you in its decision-making process as much as possible.
If DCJ decides that you are not at risk of serious harm, they may close their investigation.
If DCJ decides you are at risk of serious harm, they will take action to protect you from further harm. The actions that DCJ take will depend on its assessment of your risk of serious harm. For example, they may provide practical help to your family such as organising childcare, counselling or referral to health or other services; and may work with your family to develop a care plan. In some cases, it may apply to the Children’s Court for orders about your care and protection.
For more information about how DCJ may respond to a report of suspected risk of serious harm, click here.
Medicare is designed to provide universal health care for Australians. Universal health care means that those people who are eligible for Medicare can always access health care that is free or provided at a low cost.
Young people do not need their own Medicare card to access a health service. Without a Medicare card however, the young person will have to pay the full price of the service.
Young people aged fifteen (15) or older can have their own Medicare card, without their parents’ 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More. Young people under fifteen (15) can apply with their parents’ 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More.
Where the young person is still on the family’s Medicare card, the health professional may accept the Medicare number without physically seeing the card.
Where a young person has their own Medicare card, the young person needs 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More before their parents and guardians can access Medicare record information. If the young person is still on their family’s Medicare card and aged fourteen (14) or fifteen (15), generally their 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More is required before information about Medicare records is released to parents or guardians. Once a child is sixteen (16), Medicare can only give information to parents or guardians with the young person’s 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, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More.
As a child or young person you may need legal representation. Legal representation means having your interests represented by a lawyer. If you are not sure whether an issue you have is a legal issue, you could contact one of the services listed below for more information.
If you have a legal problem that is to do with mental health care or treatment or hospitalisation, you can contact the Mental Health Advocacy Service (MHAS) for legal advice. The MHAS may also be able to represent you at a 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. hearing.
To contact the Mental Health Advocacy Service call (02) 9745 4277 or click here. You can telephone for an appointment to speak to a lawyer at their Burwood office, or they can provide information and advice over the telephone.
For more information also click here.
There are other specialised legal services for children and young people in NSW:
Marrickville Legal Centre is a Community Legal Centre that has a Young People’s Legal Service that provides free legal information, advice and assistance to young people aged twenty five (25) and younger. Phone: (02) 9559 2899 between 9:30am – 5:00pm, Monday – Friday.
The Shopfront Youth Legal Centre is a Community Legal Centre providing free legal information, advice and assistance for homeless and disadvantaged young people aged twenty five (25) and younger. Phone: (02) 9322 4808 between 9:30am – 5:30pm, Monday – Friday.
Legal Aid NSW Children’s Legal Service can provide advice and representation in the Children’s Courts for welfare or criminal matters. For immediate advice, you can call the Legal Aid Youth Hotline: Freecall: 1800 101 810* between 9am to midnight on weekdays, or 24-hours service from Friday 9am to Sunday midnight (and on public holidays).
Youth Law Australia (YLA) is a community legal service that is dedicated to helping children and young people in Australia and their supporters to find a legal solution to their problems. They are Australia’s only national, technology-based community legal service, YLA connect and empower young Australians with free legal information and knowledge, and work to help keep more children in school, out of trouble and free from bullying, harassment or child abuse.
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
Updated July 7, 2020
