Rights and Principles - Social media Kit

Introduction

The Mental Health Complaints Commissioner (MHCC) has launched new resources to ensure consumers, carers and their family are better informed about their rights, as well as what they should expect when receiving treatment in the Victorian public mental health system.

The new resources provide a simple, accessible way for consumers, carers and their families as well as staff and lived experience workers, to quickly understand, educate and communicate rights under the existing Mental Health Act 2014, and the principles that guide what they should expect.

Anyone can share any of the 13 social media posts and their accompanying tiles below for use on their social media platforms. You can download each of the 'Rights and Principles' social media tiles by clicking on the corresponding links below their tile previews. You can then save the image by right-clicking on it once it opens. Alternatively, you can also:

Print the social media kit as word document:

MHCC Rights and Principles print resources

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Print the social media kit as a PDF file:

MHCC Rights and Principles print resources

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Or, download all social media tiles as a Zip folder:

Social media tiles - Safeguarding rights series 5.0

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Social media posts with downloadable tiles

Post 1 - Principles of the Act

The Mental Health Act 2014 (Vic) contains 12 principles that are important for you to know and understand. These principles guide how Victorian mental health services should provide assessments and treatment.

If you feel that a service hasn’t followed these 12 principles for yourself or someone you care for, you can make a complaint directly to the mental health service provider or you can contact the MHCC and we can talk about your options. More information about what the MHCC does and our approach is available here.

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Post 2 - Assessment and Treatment

The Mental Health Act 2014 (Vic) states that mental health services should ensure you are:

• Provided assessment and treatment in the least restrictive way possible
• Provided assessment and treatment with the aim of bringing about the best possible health outcomes while promoting recovery and full participation in community life
• Involved in all decisions about your assessment, treatment and recovery and be supported to make, and participate in those decisions.
• Your views and preferences should be respected
• Allowed to make decisions about your assessment, treatment and recovery that may involve a degree of risk.

If you feel these haven't been followed by a mental health service provider you can make a complaint directly to the service or contact the MHCC.

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Post 3 - Individual needs

You should feel that you are seen as an individual during assessment and treatment at a Victorian mental health service.

While receiving care, services should ensure that:

• Your views and preferences are respected
• Your rights, dignity and autonomy are respected and promoted
• Your medical and other health needs are recognised and responded to
• Your individual needs (such as culture, language, communication, age, disability, religion, gender, sexuality or other matters) are recognised and responded to
• Aboriginal persons have their distinct culture and identity recognised and responded to.

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Post 4 - Information for carers

Did you know that the Mental Health Act 2014 (Vic) sets out how mental health services are expected to engage with carers?

The Act states that:

• If a consumer provides their consent, carers should be involved in decisions about assessment, treatment and recovery, whenever this is possible
• Carers should have their role recognised, respected and supported.
• The Tandem Support and Referral Service (1800 314 325) can provide support, information and referral to family members, friends and carers of people living with mental health challenges. You can also ask a mental health service about various supports available for you as a carer.

If required, you can make a complaint directly to the mental health service or contact the MHCC.

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Post 5 - Information for young people and children

If you are a child or young person who is receiving mental health services you should have your unique needs, well-being and safety recognised and protected.

The Mental Health Act 2014 (Vic) states that the service should have your best interests recognised and promoted, including receiving services separately from adults, whenever this is possible.

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Post 6 - Advance Statements

You can have a say about your treatment preferences with an Advance Statement.

An Advance Statement is a written document that sets out your mental health treatment preferences.

The statement must be signed and dated by you and an authorised witness. An authorised witness can be a registered medical practitioner, a mental health practitioner or someone who is authorised to witness a statutory declaration. You must be given an explanation (including in writing if you request it) if your psychiatrist decides to not follow your Advance Statement. You can change your Advance Statement by making a new one.

You can also access the IMHA template for Advance Statements here.

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Post 7- Nominated Persons

You have the right to choose someone to be your Nominated Person. A Nominated Person can provide support to you and help communicate your views and preferences about your treatment, receive information about you from your treatment team, and be one of the people consulted about your treatment. They can also assist you to exercise your rights under the Mental Health Act 2014 (Vic) and help to the enact your Advance Statement. Your Nominated Person must agree to take on this role and be willing and available to fulfil their responsibilities if needed.

You must put your nomination in writing and the role of Nominated Person can be withdrawn or changed at any time by either you or themselves. This will also need to be done in writing.

To help you with a nomination, the Victorian Department of Health has created a NP1 nominated persons form that outlines the different steps involved.

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Post 8 - Compulsory Assessment and Treatment orders

The Mental Health Act 2014 (Vic) sets out your rights when you are receiving compulsory mental health assessment and treatment.

All Victorian mental health services must respect these rights and explain these rights to you during assessment and treatment. You can also get help to understand your rights from the Independent Mental Health Advocacy service (1300 947 820).

If you feel that the rights haven’t been upheld or supported for yourself or someone you care for, you can make a complaint directly to the mental health service, or you can contact the MHCC and we can talk about your options.

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Post 9 - Statement of Rights

A statement of rights is a written document that sets out your rights under the Mental Health Act 2014 (Vic) while you are receiving assessment or compulsory treatment in relation to your mental illness.

Steps must be taken to ensure you are given a written statement of rights when a compulsory treatment order is made. A psychiatrist or clinician must also verbally explain the statement in a way that you understand and give you an opportunity to ask questions. Your nominated person, carer or guardian should also receive a copy of the statement.

If you, or someone you care for hasn’t received a statement of rights, during assessment or treatment, you have the right to ask your treating team or service to provide one to you.

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Post 10 - If you disagree with your Compulsory Treatment Order

If you don’t agree with your compulsory treatment order, you have the right to:

• Talk to your treating team
• Get advocacy support to talk to your treating team from theIndependent Mental Health Advocacy (IMHA, 1300 947 820), .
• Seek a second psychiatric opinion – from a psychiatrist, including from the mental health service where you are receiving treatment, or from the free and independent Second Psychiatric Opinion Service (SPOS, 1300 503 426).
• Seek legal advice by contacting the Victorian Legal Aid(VLA, 1300 792 387)
• Apply to theMental Health Tribunal(MHT, 1800 242 703) to cancel your order
• Ask the MHT why it made its decision. This is called asking for a ‘statement of reasons'.
• Ask for another Tribunal hearing or appeal the decision at Victorian Civil and Administrative Tribunal (VCAT, 1300 01 8228)

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Post 11 - Taking leave from hospital

While receiving compulsory mental health inpatient treatment, you have the right to ask for temporary leave from hospital. This can include leave to receive medical treatment or for another purpose if it is considered appropriate.

You can talk with your treating team about the reasons you want leave for you or someone you care for.

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Post 12 - Your right to communicate

You have the right to communicate lawfully with any person you choose while you are receiving compulsory assessment or treatment in hospital.

An authorised psychiatrist can restrict this right if they believe it is necessary to protect your health, safety and well-being or that of another person. But they can’t stop you from communicating with a lawyer, an IMHA advocate (1300 947 820), the Mental Health Tribunal (1800 242 703), the Chief Psychiatrist(9096 7571), the Mental Health Complaints Commissioner (1800 246 054), or a community visitor from the Office of the Public Advocate (1300 309 337)

If you feel this right hasn’t been upheld, you can make a complaint directly to the mental health service or contact the MHCC.

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Post 13 - Your right to complain

If you feel that your rights, or the rights of someone you care for, have not been upheld while receiving mental health assessment or treatment, you can make a complaint directly to the service or you can contact the Mental Health Complaints Commissioner (MHCC).

The MHCC’s role is to safeguard people’s rights, resolve complaints and recommend service and system improvements. More information about the MHCC’s approach is available here.

It is important to remember that complaints can improve the Victorian mental health system for you and other people. For more about a positive complaints culture, see the frequently asked questions below.

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