Support for a person with a mental illness or disorder
The Mental Health Act 2015 (the Act) is designed to give people living with a mental illness a better opportunity to make important decisions on their treatment, care and support.
It is in line with the United Nations Convention on the Rights of People with a Disability and the ACT Human Rights Act. The Mental Health Act also sets out the legal responsibilities of professionals, such as doctors, mental health workers, ambulance and police officers.
Supported decision-making
A person with a mental illness or disorder must always have the opportunity to make or contribute to decisions about their treatment, care or support. This should be done to the best of their ability and include involvement from their carers, close family and friends. This is in line with the principles of recovery and least restrictive care outlined in the Act.
The Act allows people to make a decision with or without assistance. It considers whether they understand:
- when a decision about treatment, care or support needs to be made
- the facts and choices related to that decision
- the consequences of their choices.
Advance consent directions and advance agreements
A person’s preferences and consent regarding future mental health treatment, care or support can be outlined in legally recognised advance consent directions and advance agreements.
These are used in the event that a person’s ability to participate in decisions about their treatment and support is significantly impaired.
An advance consent direction includes the main decisions about a person’s treatment, while an advance agreement includes a person’s decisions about ‘everyday’ matters, including who will look after their house or pets.
Ability to appoint a nominated person
A person with a mental illness or disorder who is able to make their own decisions can name someone as their nominated person. This must be done in writing to the ACT Civil and Administrative Tribunal.
The nominated person can be contacted by clinicians for information about appropriate treatment, care or support for the person with a mental illness or disorder.
Forensic mental health orders
Those with a mental illness or disorder who are, or have previously been, in the correctional system, may have a forensic mental health order.
These orders are only made when a person is a serious danger to public safety. Under an order, a person’s ability to make decisions is removed.
If you have any further questions on the Mental Health Act 2015, call 02 5124 6137 or email ChiefPsychiatrist@act.gov.au