Getting your voice heard: Know your rights English version

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This Mental Health Advocacy Service brochure outlines your rights and how a mental health advocate can assist you with complaints or if you are concerned about your care.
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Our Advocates are not part of any health system, government department or treatment team. Our service is free of charge.

The Mental Health Advocacy Service also provide specialist Youth Advocates and Aboriginal Advocates.

Mental Health Advocates can help you if you are:

  • under 18 years old and:
    • a voluntary patient in a public hospital
    • seeking admission to hospital
    • being treated by a community mental health service and were assisted by an Advocate in the previous 6  months
  • an involuntary patient in hospital
  • someone on a Community Treatment Order (CTO)
  • someone who has been referred for examination by a psychiatrist (they must let you use a phone to call us if you are being detained)
  • a voluntary patient in hospital who is not allowed to leave because you are being detained for assessment
  • a voluntary patient who was assisted by an Advocate while involuntary and the issue is ongoing
  • a mentally impaired accused person under the Criminal Law (Mentally Impaired Accused) Act 1996 (e.g. on a Hospital or Custody Order) and are detained in an authorised hospital or living in the community
  • a resident of a private psychiatric hostel.

If you are not sure if you are one of the above, call us anyway:

  • we can still tell you your rights or
  • we can refer you to someone else who can help

Family, carers and other personal support persons can call us on your behalf and we will work with them if you want us to.

This brochure has been translated into other languages, available on the Know your rights: Brochure translations page.

Your rights under the Mental Health Act

We promote compliance with the Charter of Mental Health Care Principles to ensure you get the best treatment and care possible.

Mental Health Advocates are there to protect your rights, help you to express your own wishes, and say what you want to happen.

We are on your side and can help you:

  • understand and enforce your rights
  • arrange a meeting with your doctor or treating team and attend with you
  • explain your wishes to your treating team
  • get a further opinion from another psychiatrist
  • apply to the Mental Health Tribunal to review your involuntary order or other decisions made about you
  • support you in the Tribunal hearing
  • refer you to lawyers
  • get input into your treatment, support and discharge plan
  • make a complaint about the mental health service
  • get you an interpreter
  • make contact with your family or other support persons.

What you can expect

You can approach a mental health Advocate while they are visiting a hospital, mental health service or hostel. We have mental health Advocates based in Perth, Albany, Bunbury, Kalgoorlie and Broome. If you are somewhere else we will contact you by phone.

Call the Mental Health Advocacy Service to arrange to speak to an Advocate. Freecall: 1800 999 057

A mental health Advocate can help you understand what is going on.

An Advocate will contact you within 7 days if you are over 18 years, and within 24 hours if you are under 18 years, if:

  • you have just been made an involuntary patient
  • you have just been put on a Community Treatment Order (CTO)
  • you are a mentally impaired accused and have just been detained in an authorised hospital.

You also have the right to call us at any time, or ask mental health services staff to call us for you, an Advocate will either phone you back or visit you as soon as they are able to.

However, if you:

  • have been referred for examination, a mental health Advocate must contact you within 3 days but we will try to contact you within 24 hours
  • are under 18 an Advocate will contact you within 24 hours.

About the Mental Health Advocacy Service (MHAS)

The MHAS is a free service which is independent of hospitals and all mental health services.

We advocate according to your wishes so you can be heard.

We have powers under the Mental Health Act 2014 to help us advocate for you.

If you don’t object, we can look at your medical file and try to get answers to questions you have about your treatment and care Mental health services staff must answer our questions, provide us with information and help us try to resolve issues for you.