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Chapter 1: Rights, Principles and Standards

Rights, Principles and Standards

UN Declaration - Rights of Disabled Persons

UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care

NSW Department of Health Charter for Mental Health Care in NSW

National Standards for Mental Health Services

National Statement of Rights and Responsibilities of Consumers of Mental Health Services

Rights

Responsibilities

A word on the Third National Mental Health Plan 2003-2008

Chapter 2: The Mental Health Act

The Mental Health Act

Objectives of the Mental Health Act

Mental illness – the legal definition

Mental disorder – the legal definition

What is NOT regarded as mental illness

Categories of patients

Informal patients (voluntary)

Involuntary patients

Forensic patients

Admission to hospital

Informal (voluntary) admissions

Involuntary admissions

On arrival to hospital as an involuntary patient

Being detained as a mentally disordered person or mentally ill person

Magistrate’s inquiry

Notice of hearing

Information on file and confidentiality issues

Legal representation

What happens at a magistrate’s hearing

The magistrate’s decision

Community Orders

Community Treatment Orders (CTOs)

Community Counselling Orders

The order

Breaching an order

Revoking or varying an order

Electro-Convulsive Therapy

Voluntary patients

Involuntary patients

Psychosurgery

Chapter 3: Mental Health Care and Treatment

Legal rights in relation to medical treatment

What rights do patients have to information about medical treatment?

Right to a second opinion

Right to say no to medical treatment

Right to see records kept by a doctor or health care professionals

Confidentiality of medical information

Discrimination due to a mental illness or psychiatric disability

Advance Directive

How are Advance Directives made?

Rights in Hospital

Being held in hospital

Chapter 4: The Mental Health Review Tribunal

What does the MHRT deal with?

MHRT hearings

Hiring a lawyer

At the hearing

MHRT Functions

Extending an order for involuntary detention

Appeals for discharge

Continued Treatment Patients

Informal Patients (voluntary)

Community Treatment Orders and Community Counselling Orders

Forensic patients

Consent to medical treatment

Protected Estate Orders

Outcome of the hearing

Appeal against a decision of the MHRT

Chapter 5: Guardianship and Financial Management

The Guardianship Tribunal

Guardianship Tribunal members
Where are Guardianship Tribunal hearings held?
Making an application to the Guardianship Tribunal
Hearings at the Guardianship Tribunal

Having a lawyer at Guardianship Tribunal hearings
Interpreters
When is a guardian appointed?
What powers or functions do guardians have?
Length of guardianship orders
When is a financial manager appointed?
What powers does a financial manager have?
Length of financial management orders
Interim financial management orders

The order and reasons for decision

Consent to Medical Treatment - The 'person responsible' and the Tribunal's role

Approval of informal admission to a psychiatric facility

Reviews and Appeals

Reviews of guardianship orders
Reviews of financial management orders
Appeals from Guardianship Tribunal decisions

Further information

Office of the Protective Commissioner (OPC)

Who is the Protective Commissioner?

Where do the Powers of the Protective Commissioner come from?

Services provided by the Protective Commissioner

How does the Protective Commissioner become involved?

How clients come to the Office of the Protective Commissioner

The role of the Protective Commissioner

Fees

The Office of the Public Guardian

Support for Private Guardians

Urgent decisions

Complaints

Chapter 6: The Criminal Justice System

Memorandum of Understanding

Rights of Forensic Patients

What is a Forensic Patient?

Representation before the Mental Health Review Tribunal

Fitness to be tried

Unfit to be tried by the Court

Bail

Special hearings

Not guilty

Not guilty by Reason of Mental Illness

Guilty at a special hearing

Fit to be tried during a limiting sentence

Release from a limiting term

Review by the MHRT

Criminal conviction

Developing a mental illness in prison

Chapter 7: Employment

Employment laws

The Commonwealth Disability Discrimination Act

Unlawful discrimination

Harassment
Requirements of the job
What obligations do employers have?
What questions can employers ask?
Making a complaint
Job Interviews
Trade unions
Awards and Enterprise Agreements

Employment and training services for people with mental illness/disability

Job Network

For employers
For job seekers

Disability Employment Network

More information for employers

More information for job seekers and workers

Vocational Rehabilitation Services

For employers

For job seekers and workers

Personal Support Program (Pre-vocational)

Supported Wages System

Disability Business Services

The Commonwealth Rehabilitation Service (CRS)

Who can CRS Australia help?

What happens at CRS Australia?

'Welfare to Work' - Starting July 2006

Chapter 8: Accommodation

Rights in Different Types of Accommodation

Owners of houses, units or flats
Private Rental Housing
The Residential Tenancies Act
Tenants' rights and obligations
Rent Increases
Termination of Agreements
Share Housing
'Protected Tenants'
Financial Assistance in Private Rental Housing
Residential Parks

Rent Increases
Termination of Agreements and Park Closures

Social Housing
Public Housing
Aboriginal Housing
Community Housing
Co-operative Housing
What is Boarding and Lodging?
Rights and Obligations of Boarders and Lodgers
Licensed Boarding Houses
Crisis Accommodation

Accommodation Dispute Resolution

To Register a Dispute with the CTTT

How much does an application cost?
The hearing
Can I get an interpreter?
What if the person cannot be there?
CTTT orders

Discrimination and Accommodation
The Tenants' Union
Home and community care

What are Home and Community Care (HACC) Services?
Who is eligible?
How much will it cost?
What HACC services are available?

The Aged-Care Rights Service (TARS)

Services

Other Contacts

Chapter 9: Benefits and Allowances

Centrelink

What happens at Customer Service Centres:

Consumer Benefits and Allowances

Disability Support Pension
Sickness Allowance
Newstart Allowance
Youth Allowance
Mobility Allowance
Pensioner Education Supplement
Other entitlements

Carer Benefits and Allowances

Carer Payment
Carer Allowance

Dealing with Centrelink

How to claim a payment

Intent to Claim
Getting others to look after personal affairs

Challenging a Centrelink decision

Access to information
Can you receive benefits while a case is being reviewed?

The Social Security Appeals Tribunal (SSAT)

The SSAT’s review powers
How much does it cost to appeal?
How to appeal
What happens next?
What should an applicant do before the hearing?
What happens after the hearing

Further appeal rights
The Welfare Rights Centre

What sort of issues does the Welfare Rights Centre deal with?

Chapter 10: Access to Information and Privacy

Freedom of Information

What sort of information can I ask for?
What information cannot be seen?
Requesting information
Costs
Can an agency refuse to give information?

Appeal against a decision to refuse access to information
Inaccurate documents

Further information

Office of the NSW Privacy Commissioner

Chapter 11: Carers

Rights and Responsibilities
Admitting a friend or relative to hospital

Getting a consumer to see a Doctor
Right to know what is happening to a relative or friend
If the medical superintendent refuses to admit a relative or friend
Helping a relative or friend to be discharged

Anti-discrimination legislation

Your rights at work

Chapter 12: Children and Young People

NSW Interagency Guidelines for Child Protection Intervention
Medical examinations and treatment

Informed consent

Children with a Mental Illness

Rights of parents and guardians
Options in accommodation and treatment

Children with a family member affected by mental illness

Young people at risk of harm
Mandatory Reporters
Children in Need of Care

Legal Representation

Chapter 13: Multicultural Issues

Multicultural issues and mental Illness
Asylum Seekers

Fundamental principles

Health care services

Mental health services

Chapter 14: Aboriginal and Torres Strait Islander Mental Health Issues

Why is it important to consider Aboriginal and Torres Strait Islander (ATSI) culture in relation to mental health?
What are some additional factors that affect the mental health of ATSI people?
What are the barriers to Aboriginal and Torres Strait Islanders accessing available mental health services?
What mental health services are available for Aboriginal and Torres Strait Islanders?

Chapter 15: How to Complain

Types of Complaint Agencies

Human Rights and Equal Opportunity Commission

Unlawful discrimination

Harassment or action against a person with a mental health problem
Discrimination in employment

Medical tests and questions

Superannuation and insurance

Making a complaint

The Anti-Discrimination Board of NSW
NSW Health Care Complaints Commission (HCCC)

Who can complain

What can be complained about

When can complaints be made

Making a complaint

Disability Complaint Service (NSW)

People with Disability Australia Inc

Who can use the individual and group advocacy service?

How does the advocacy service help?

Complaints Resolution and Referral Service (CRRS)

What are the National Disability Services Standards?

The National Disability Abuse and Neglect Hotline
The Ombudsman
Mediation – Community Justice Centres

How to arrange for a mediation

The Disability Discrimination Legal Centre

Official Visitors

Chapter 16: Finding Legal Help

The Law Society's Pro Bono Scheme
Finding a Lawyer
The Mental Health Advocacy Service (MHAS)

How does a person get assistance from the MHAS?
What form does legal representation take?
Who contacts the MHAS?
What Exactly Does the MHAS Do?

Public Interest Advocacy Centre (PIAC)

What kind of legal work does PIAC do?
What kind of policy work does PIAC do?
Can PIAC help you?

Mental Health Coordinating Council

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