From 1 January 2017, Mental Health Advocacy Service (MHAS) Advocates are able to assist the following people even though they are not involuntary or were not previously covered by the Mental Health Act 2014 (the Act):
- All children (under 18 years) in emergency departments, public or authorised hospitals who are being treated, or to whom treatment is being or proposed to be given, by a mental health service;
- All children in community mental health services who were assisted by a MHAS Advocate while a voluntary patient or involuntary inpatient; and
- Adults (and children) who were being assisted by a MHAS Advocate while involuntary for an issue or complaint that remains unresolved where some further action can reasonably be taken.
A Direction by the Minister for Mental Health means that these classes of voluntary mental health patient can request assistance from an MHAS Advocate.
Requests may also be made by a person who has “sufficient interest” in them such as parents, guardians and other personal support persons, and mental health ward staff.
Children must be contacted within 24 hours of the request and adults within a reasonable time, but MHAS policy is 48 hours.
The Advocates will have all the same powers to assist as they do with involuntary patients.
