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Your rights under the Mental Health Act

Categories:
  • Public,
  • Mental health community services,
  • Mental health hospital services

1 September 2020 update: Coronavirus (COVID-19) - Changes to Mental Health Act (MHA) interim methodology

Now that most of the national restrictions put in place in response to the coronavirus pandemic are easing, we have reviewed our interim methodology for MHA monitoring visits.

As a result, we may carry out more targeted site visits to:

  • help support our interim MHA monitoring
  • speak with people that we haven't been able to talk to by phone or video call
  • review ward environments

Find out more about these changes in our update to Dr Kevin Cleary's blog.

We monitor the use of the Mental Health Act and protect the interests of people whose rights are restricted under that Act.

Most people receiving mental health care do not have their rights restricted. However, in some instances this happens to protect the person receiving treatment or others.

Select one of the sections below to find out what to expect if your rights are restricted, what to do if you’re not satisfied with the care you receive and how to get support from an Independent Mental Health Advocate.

Detention in hospital

Find out what to expect if you are diagnosed with a mental health disorder and are detained under the Mental Health Act for assessment or treatment in a hospital.

Community treatment orders

Find out what happens after being discharged from hospital if you are given a community treatment order (CTO).

Mental Health Act reviewers

Find out how our Mental Health Act reviewers visit and protect people whose rights are restricted in hospital.

Last updated:
01 September 2020