sec.5Principles for persons with mental illness

sec.5 Principles for persons with mental illness

The following principles apply to the administration of this Act in relation to a person who has, or may have, a mental illness— Same human rights the right of all persons to the same basic human rights must be recognised and taken into account a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account Matters to be considered in making decisions to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment and care to the greatest extent practicable, in making a decision about a person, the person’s views, wishes and preferences are to be taken into account a person is presumed to have capacity to make decisions about the person’s treatment and care and other matters under this Act Support persons to the greatest extent practicable, family, carers and other support persons of a person who has a mental illness are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy Provision of support and information to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, providing access to other persons to help the person express the person’s views, wishes and preferences Achievement of maximum potential and self-reliance to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance Acknowledgement of needs a person’s age-related, gender-related, religious, communication and other special needs must be recognised and taken into account a person’s hearing, visual or speech impairment must be recognised and taken into account Aboriginal people and Torres Strait Islanders the unique cultural, communication and other needs of Aboriginal people and Torres Strait Islanders must be recognised and taken into account Aboriginal people and Torres Strait Islanders should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful to the extent practicable and appropriate in the circumstances, communication with Aboriginal people and Torres Strait Islanders is to be assisted by an interpreter Persons from culturally and linguistically diverse backgrounds the unique cultural, communication and other needs of persons from culturally and linguistically diverse backgrounds must be recognised and taken into account services provided to persons from culturally and linguistically diverse backgrounds must have regard to the person’s cultural, religious and spiritual beliefs and practices to the extent practicable and appropriate in the circumstances, communication with persons from culturally and linguistically diverse backgrounds is to be assisted by an interpreter Minors to the greatest extent practicable, a minor receiving treatment and care must have the minor’s best interests recognised and promoted, including, for example, by receiving treatment and care separately from adults if practicable and by having the minor’s specific needs, wellbeing and safety recognised and protected Maintenance of supportive relationships and community participation to the greatest extent practicable, the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account, including, for example, by providing treatment in the community in which the person lives Importance of recovery-oriented services and reduction of stigma the importance of recovery-oriented services and the reduction of stigma associated with mental illness must be recognised and taken into account Provision of treatment and care treatment and care provided under this Act must be provided to a person who has a mental illness only if it is appropriate for promoting and maintaining the person’s health and wellbeing Privacy and confidentiality a person’s right to privacy and confidentiality of information about the person must be recognised and taken into account.