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Table of Contents

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Foreword

Introduction

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?  


Chapter 17: Other Issues

Mental illness and smoking
Mental illness and substance use (MISU)


Chapter 18: Useful Contacts


Appendices