Carers can have a big impact on the wellbeing, treatment and recoveryIndividual or personal recovery is defined as being able to create and live a meaningful and contributing life within a community of choice, with or without the presence of mental health difficulties. ‘Recovery’ can mean different things to different people; but in general, it means: gaining and retaining hope; understanding of one’s abilities and difficulties; engagement in an active life; personal autonomy; social identity; meaning and purpose in life, and a positive sense of self. More of a person living 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.
This chapter of the Manual provides information to anyone who cares for another person who is involved with the mental health system because of their 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. It has information about the rights of carers, as well as information for carers to help them advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More on behalf of those friends or family members they care for in their interactions with the mental health and legal services systems.
In this Manual, the word ‘carer’ is used to describe a person who has responsibility for major aspects of the care of a family member or friend living 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. A carer could also be colleagues and/or members of a shared community.
This is different from paid professional carers, who may be health care professionals or support workers who provide treatment, care and/or psychosocial support. For example, paid professional carers may support someone in a hospital, aged care 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 care facility, outpatient facility or in the person’s own home.
Sometimes carers are called ‘persons responsible’. Often responsibility for a person is shared between family members and friends. Sometimes this happens through a formal discussion about the division of tasks and responsibilities.
In some circumstances, a person may be a full-time carer for 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 and share the same residence. In other instances, a person may have little or no daily face-to-face contact with the person.
However, either through prior legal or informal arrangement, or simply through circumstances, they may be the principal decision-maker for a person who experiences some degree of impairmentThe loss or limitation of physical, mental or sensory function on a long-term or permanent basis. For people with mental health conditions this would also include a loss of function on an episodic basis, which in many cases leads to long term or permanent impairment and subsequent disablement. More. Sometimes, this Manual refers to a carer who might also be a concerned parent of an adult who is living independently and finds himself or herself interacting with the mental health system.
Carers may be providing care and support for the person because they are motivated by love or care for the person, because they believe they can provide a higher level of care than other options and/or because other services are not available.
It is important to note that, at times a person and their carer may have very similar views about the care and treatment that the person should or would like to receive. Sometimes a person would like to be admitted to hospital and their carer supports them in this, but a hospital refuses to admit them.
In other circumstances, the view 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 is completely different from that of their carer. A carer might think that their family member or friend should not be in hospital, even though that person is 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.
Alternatively, a carer might think their family member or friend should be admitted as an involuntary patient, but that person strongly disagrees to hospitalisation or rejects a diagnosis of mental illness.
This chapter deals with the rights and responsibilities of different people and authorities that a carer might need to know about in all these possible situations.
The Mental Health Act 2007 (NSW) provides for people with mental illness who are “under the Act” to nominate a ‘Designated Carer‘. The law recognises the role of carers for people living with a mental illness or mental disorder and their rights to be kept informed, to be involved, and to have information provided by them considered. 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 will be informed or consulted about particular aspects of the person’s care and treatment, including decisions to detain in, and discharge them from a public mental health facility.
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 can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person living 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. 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 Mental Health Act 2007 (NSW) also provides for a category of persons called Principal Care ProviderPrincipal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More, who are persons entitled to similar information to 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.
It is important to remember that all carers, people with mental illness and health care providers have legal rights and responsibilities, both under the Mental Health Act 2007 (NSW) and under the general law.
You will find information in this chapter of the Manual about how you can support your friend or family member by gaining a better understanding of the following issues:
Updated August 21, 2020
