Guide to patient rights for health professionals
The Guide to patient rights (PDF 766 kB) summarises the provisions for patient rights under the Mental Health Act 2016.
A ‘patient right’ is an entitlement for a patient to have or do something. For example, inpatients of authorised mental health services are entitled to be visited by support persons at any reasonable time.
This guide is for anyone interested in understanding patient rights including:
- individual patients
- advocacy and patient support groups
- support persons and nominated support persons
- Independent Patient Rights Advisers
- legal practitioners.
All mental health service staff should familiarise themselves with the patient rights outlined in the guide.
Statement of rights for patients
The Statement of rights for patients of mental health services (PDF 3732 kB) is for patients, and their family, carers and other support persons.
All patients admitted to an authorised mental health service (AMHS) must be provided an explanation of the statement of rights. A copy of the statement of rights must also be provided to the patient and their support persons if requested.
The statement of rights sets out patient rights under the Mental Health Act 2016 including:
- capacity to make decisions and less restrictive ways of receiving treatment
- rights during treatment and care including rights to information
- processes for complaints and second opinions
- rights of family, carers and other support persons
- information about the Mental Health Review Tribunal
- information about the criminal justice system.
The statement of rights is for:
- involuntary patients, such as a person subject to a treatment authority made by a doctor under the Mental Health Act 2016
- voluntary patients being treated in an AMHS, including a person being treated under an advance health directive or with the consent of a personal guardian or attorney.
Translated patient rights brochures
There are translated patient rights brochures available in the following languages.
Posters
Authorised mental health services can download and print the following posters to display at their mental health service. The posters include a QR code that links to the statement of rights.
Videos
Watch the following patient rights videos on Vimeo.