13Principles relating to rights and conditions in approved

13 Principles relating to rights and conditions in approved treatment facilities When a person who has a mental illness, mental disturbance or complex cognitive impairment is being treated in an approved treatment facility the following principles apply: (a) the person's legal rights and his or her right to privacy and to religious freedom are to be respected; (b) the confidentiality of information relating to the person is to be respected; (c) subject to this Act, the person's freedom of lawful communication (which includes the freedom to communicate with other persons in the approved treatment facility, to send and receive uncensored private communications, to receive visits from his or her counsel or representative in private, to receive visits from other people at all reasonable times and to have access to postal and telephone services and to newspapers, radio and television) is to be ensured; (d) the person's living conditions are to be as close as practicable to those usually experienced by people of a similar age living in the general community; (e) subject to section 92, the person is to have access to his or her personal records; (f) the person's right to make a complaint under an Act in respect of his or her treatment under this Act is not affected.

Part 3 Criteria for involuntary admission and treatment Mental Health and Related Services Act 1998 16 Part 3 Criteria for involuntary admission and treatment 14 Involuntary admission on grounds of mental illness grounds of mental illness are that: (a) the person has a mental illness; and (b) as a result of the mental illness: (i) the person requires treatment that is available at an approved treatment facility; and (ii) without the treatment, the person is likely to: (A) cause serious harm to himself or herself or to (B) suffer serious mental or physical deterioration; and (iii) the person is not capable of giving informed consent to the treatment or has unreasonably refused to consent to the treatment; and (c) there is no less restrictive means of ensuring that the person receives the treatment.