The furtherance of an understanding of community mental health rights as such is the goal at which this section aims. An adequate grasp of how rights issues impact your present and empower your future helps to guarantee the progress being made toward continued improvement in the delivery and quality of community mental health services (MHS). Knowing your rights under the law, and becoming a mental health-rights advocate, is something we owe ourselves and our fellows, for it is advocacy and networking that prevent psychiatric and/or familial abuse of patient's rights.

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 No. 44 of 1994 - SECT 50 Statement of rights

SECT 50:

1. The responsible person shall ensure that on admission to, or before receiving treatment at, the mental health facility, a person-
   
   

   (a) is orally advised of his or her rights under this Act; and
   

   (b) is given a copy of an information statement containing-
   
   

   (i) a prescribed statement setting out the rights and entitlements of persons under this Act, including the right to obtain legal advice and the right to seek a second opinion from an appropriate mental health professional; and
   
   

   (ii) any other information relating to the treatment and care of the person that the Minister considers relevant.
   
   

2. The responsible person shall ensure that, wherever possible, a person is given an information statement in a language with which the person is familiar.
   
   
3. The responsible person shall ensure that, if a person appears to be incapable of reading and understanding an information statement, then as far as practicable arrangements are made to convey the information contained in the statement to the person in the language, mode of communication or terms that the person is most likely to understand.
   
   
4. The responsible person shall ensure that, if a person appears to be unable to understand the information contained in an information statement, the Community Advocate is informed of that fact.
   
   
   

National Standards for Mental Health Services (MHS)

A publication of the Commonwealth Department of Health and Family Services - February 1997.
© Commonwealth of Australia
ISBN 0 644 47576 5

The excerpt on rights below was taken from a large document with excellent information covering consumer informed consent, treatment (like electro convulsive shock therapy), assisted living, other therapies, inpatient care, involuntary admission and much more. There's no point in duplicating work, so I've only provided a sample of what's available at ATMHN. The full document, from which the follwing excerpt comes, may be found here. The rest is up to you.

Section 2:

Standard 1 - Rights:

The rights of people affected by mental disorders and/or mental health problems are upheld by the MHS.

Criteria:

1.1

Staff of the MHS comply with relevant legislation, regulations and instruments protecting the rights of people affected by mental disorders and/or mental health problems.



Notes and Examples:

Includes The UN Principles on the Protection of People with a Mental Illness and Improvement in Mental Health Care, The Australian Health Ministers Mental Health Statement on Rights and Responsibilities', mental health legislation, EEO legislation, Anti-discrimination legislation, OH&S legislation, professional and departmental codes of conduct and Registration acts, Disability Services Acts.

1.2

Consumers and their carers are provided with a written and verbal statement of their rights and responsibilities as soon as possible after entering the MHS.



Notes and Examples:

This should occur at first face to face contact with the MHS or as soon as the consumer's mental state allows for the comprehension of the information. Children have their rights explained to them as well as to the child's parent or legal guardian.

1.3

The written and verbal statement of rights and responsibilities is provided in a way that is understandable to the consumer and their carers.



Notes and Examples:

Written material is provided in a variety of languages and a variety of media, accredited interpreters and advocates are used.

1.4

The statement of rights includes the principles contained in the Australian Health Ministers Mental Health Statement of Rights and Responsibilities (1991) and the United Nations General Assembly Resolution on the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (1992).

1.5

The right of the consumer not to have others involved in their care is recognised and upheld to the extent that it does not impose imminent serious risk to the consumer or other person(s).

1.6

Independent advocacy services and support persons are actively promoted by the MHS and consumers are made aware of their right to have an independent advocate or support person with them at any time during their involvement with the MHS.



Notes and Examples:

Posters and brochures which promote independent advocacy and support services are prominent displayed in every facility of the MHS; staff facilitate the use of independent advocates and support persons for consumers.

1.7

The MHS upholds the right of the consumer and their carers to have access to accredited interpreters.



Notes and Examples:

Information on interpreters is prominently displayed, staff facilitate the use of interpreters for consumers and carers.

1.8

The MHS provides consumers and their carers with information about available mental health services, mental disorders, mental health problems and available treatments and support services.



Notes and Examples:

Information leaflets available in a variety of languages in a variety of media, information nights, support to local consumer and carer groups, community forums.

1.9

The MHS recognises the rights of people with mental disorders and/or mental health problems in their service goals and staff job descriptions.

1.10

The MHS has an easily accessed, responsive and fair complaints procedure for consumers and carers and the MHS informs consumers and carers about this procedure.



Notes and Examples:

Posters and brochures which provide information on the complaints procedure are prominently displayed in every facility of the MHS.

1.11

Documented policies and procedures exist and are used to achieve the above criteria.

1.12

The MHS monitors its performance in regard to the above criteria and utilises data collected to improve performance as part of a quality improvement process.



Notes and Examples:

The MHS continually monitors and reviews the number of consumers who are not informed of their rights.

   

Australian Rights Resources

1. Regional Disability Liaison Unit -- Victoria Australia site with some really helpful information, especially for students with disabilities. You can also find the Disability Discrimination Act of 1992 here. Knowing your rights means greater empowerment, so pay attention to your government's doings.
   
   
2. HUMAN RIGHTS CHECKLIST - For an enlightening read and a start on becoming informed about human rights as it pertains to mental health issues be sure to check out this site.
   
   
3. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 No. 44 of 1994 - SECT 50 Statement of rights - This is part of the 1994 act that is included above, but with interpretation of each subsection's key terms. It's a fairly easy read.
   
   
4. Aboriginal - First Nation - Fourth World and Indigenous Rights Homepage - Jim Duffield's very complete site explores some of the issues important to indigenous peoples all over the world.