47What can a mental health advocate do?

47 What can a mental health advocate do?

(1) In accordance with the instructions of a consumer who is at least 16 years of age, a mental health advocate may do any of the following—

(a) access the personal information or health information of the consumer, including the consumer's advance statement of preferences, held by a mental health and wellbeing service provider;

(b) attend meetings with the consumer and any registered medical practitioner or staff of a mental health and wellbeing service provider involved in the assessment, treatment and care of the consumer;

(c) seek information on behalf of the consumer from the staff of a mental health and wellbeing service provider;

(d) contact, seek information or provide advice to a consumer's nominated support person, family, carer or supporters;

(e) advocate for the rights of a family member, carer or supporter if those rights relate to the treatment, care, support or recovery of the consumer.

(2) If a consumer is a patient who is at least 16 years of age and a mental health advocate is unable to obtain instructions from the patient, the mental health advocate may do the following to ensure the rights of the patient are upheld—

(a) attend a relevant designated mental health service to observe and meet the patient;

(b) obtain from the designated mental health service—

(i) information about the patient's treatment and welfare, including accessing the personal information or health information of the patient; and

(ii) any advance statement of preferences made by the person that is known to the designated mental health service; and

(iii) the contact details of any nominated support person of the consumer or other primary support person of the consumer if the consumer does not have a nominated support person;

(c) contact and liaise with the patient's nominated support person or carer to ascertain the patient's views and preferences regarding their treatment and recovery;

(d) represent the likely views and preferences of the patient to the mental health and wellbeing service provider and advocate for those views and preferences to be given effect;

(e) advocate for the rights of the consumer under this Act or any other Act.