Who is a support person
A patient’s family, carers and other support persons play a crucial role in supporting patients when they are unwell, and throughout all stages of treatment, care and recovery.
Support persons are recognised throughout the Mental Health Act 2016 and are afforded a number of important rights and responsibilities.
Supporting and assisting patients promotes recovery-oriented mental health services, which is an overarching theme embodied in the Mental Health Act 2016.
The Mental Health Act 2016 promotes the role of support persons in relation to:
- contact with patients while they are receiving treatment and care
- participating in treatment decisions
- receiving information about the patient’s support, care, treatment, rehabilitation and recovery
- arranging other support services for the patient, such as respite care, counselling and community care facilities.
Family, carers and support persons also have a number of responsibilities, including to:
- respect the patient’s dignity and humanity
- consider the opinions and skills of health practitioners who provide treatment and care to the patient, and
- cooperate with reasonable programs of assessment, treatment, care, support, rehabilitation and recovery of the patient.
Watch our video or read the Rights of family, carers and other support persons (PDF 179 kB) fact sheet to learn more.
Rights of family, carers and support people (Mental Health Act 2016) from West Moreton Health on Vimeo.
Authorised mental health services can also share the Support persons brochure (PDF 3996 kB) with patients and their support persons for more information.
Nominated support persons
A nominated support person provides assistance and support to the person if they become unwell and become an involuntary patient. This appointment is made in advance when the person has capacity to make the appointment.
A person may appoint 1 or 2 persons to be their nominated support person.
A person may appoint a family member, carer or other support person to be their nominated support person. Nominated support persons:
- must be given all notices about the patient that are required under the Mental Health Act 2016
- may discuss confidential information about the patient’s treatment and care
- may represent, or support the person, in any hearings of the Mental Health Review Tribunal
- may request a psychiatrist report if the person is charged with a serious offence.
Read the Role of nominated support persons fact sheet (PDF 499 kB) to learn more.
How patients can nominate or revoke a support person
Patients must use the Nominated support persons guide and form (PDF 1532 kB).
A patient or their nominated support person must give the appointment form to a staff member at an authorised mental health service (AMHS), such as an Independent Patient Rights Adviser (IPRA).
AMHSs must upload the appointment form on the person’s health records for future reference.
If a patient no longer wants their nominated support person, or the person no longer wants to act in the role, they need to revoke or resign from their appointment.
Patients and nominated support persons must use the Revocation or resignation of appointment of nominated support person (PDF 137 kB) form and give it to a staff member such as an Independent Patient Rights Adviser. It must also be uploaded to the person's health record for future reference.
Communicating with support persons
Whenever the Mental Health Act 2016 requires health practitioners to explain or discuss a matter with a patient, the health practitioner must also explain or discuss the matter with family, carers and support persons.
If the person has a nominated support person, the discussion must occur with the nominated support person.
If the person does not have a nominated support person, the discussion must occur with one of the patient’s family, carers or other support person.
This communication is required, for example, when a recommendation for assessment or treatment authority is made, and in deciding the nature and extent of treatment and care to be provided under a treatment authority.
The requirement to provide information to support persons does not apply if:
- the patient requests, at a time when the patient has capacity, that the communication not take place
- the person is not readily available or willing for the communication to take place
- the communication with the person is likely to be detrimental to the patient’s health and wellbeing.
The Guide to patient rights under the Mental Health Act 2016 (PDF 766 kB) outlines all circumstances where this communication must take place.