15ARights of patients

15A Rights of patients

[Section 15A Inserted by No. 4 of 2023, s. 49, Applied:25 Sep 2023]

(1)  Each person receiving an assessment or treatment under this Act has the following rights:

(a) the right to receive the assessment, or treatment, under this Act in accordance with the mental health service delivery principles;

(b) the right to have any restriction on, or interference with, the person's dignity, rights and freedoms to be limited as much as possible when taking into account the person's health and safety and the safety of others;

(c) the right to promote, and make prominent, the person's decision-making capacity, and to respect the person's wishes, to the maximum extent possible when taking into account the person's health and safety and the safety of others;

(d) the right to be given clear, accurate and timely information about –

(i) the person's rights as a patient; and

(ii) the person's diagnosis and treatment.

(2)  In addition to the rights under subsection (1) , a person who is a forensic patient, or involuntary patient, also has the following rights while admitted to an approved facility:

(a) the right to be detained in a manner that is appropriate in respect of the patient's assessment, treatment or care requirements;

(b) the right to be given clear and timely information about the rules, and conditions, governing the patient's conduct in the relevant approved facility, including any relevant context in respect of a change in those rules or conditions while the patient is at the relevant approved facility;

(c) the right to have access to current information about local, national and world events;

(d) the right to ask for a leave of absence from the relevant approved facility;

(e) the right to seek legal advice and have contact with, including the right to correspond privately with, Official Visitors and the patient's representatives and support persons;