Part IV: The rights and responsibilities of individuals who seek assessment, support, care, treatment, rehabilitation and recovery

14. Australian governments have a primary responsibility to develop and maintain high-quality health and mental health systems.


15. Mental health consumers have the right to access assessment, support, care, treatment, rehabilitation and services that facilitate or support recovery and wellbeing on an equal basis with others. They are entitled to participate in all decisions that affect them, to receive high-quality services, to receive appropriate treatment, including appropriate treatment for physical or general health needs, and to benefit from special safeguards if involuntary assessment, treatment or rehabilitation is imposed.

(i) The provision high-quality, integrated, recovery-focused and accountable services

16. Australian governments have a responsibility to support the ongoing development of a range of timely, high-quality, evidence-based services, built around community-based and specialist social support, and integrated with mental health, general health, disability, and drug and alcohol services.
    Services have the responsibility to:
    1. be responsive to the mental health consumer, and to facilitate and support their recovery
    2. respect the mental health consumer's abilities and skills
    3. respect the skill and abilities of families, carers and support persons and be responsive to them
    4. take the mental health consumer's wishes and lived experience into account
    5. consider the views of families, carers and support persons
    6. provide support to the mental health consumer, including decision-making support
    7. provide a range of coordinated service options across social support, health and mental health domains
    8. provide continuity of care
    9. improve communication between and among services and across different sectors and jurisdictions
    10. improve communication between services and families, carers and supporters
    11. provide appropriate and current education and training to the staff of the service about mental health problems and mental illnesses, including education and training about the rights and responsibilities as expressed in this statement
    12. involve mental health consumers, families, carers and support persons in the design, delivery and evaluation of services
    13. ensure the safety of mental health consumers, their families, carers, support persons and service staff in the workplace.

(ii) The right to mental health care

17. Mental health services are responsible for ensuring assessment, individualised care planning, support, care, treatment, rehabilitation and recovery is carried out within a coordinated and multidisciplinary framework that is appropriate to the mental health consumer's care needs and wishes.


18. The right to mental health care applies to voluntary and involuntary assessment, treatment and rehabilitation, and includes additional safeguards if a mental health consumer is subject to involuntary treatment.


19. Mental health consumers have the right to:
    1. be considered capable of making a decision (by the service or person providing care)
    2. consent to, or refuse, medical treatment and other services, unless their consent is governed by mental health or guardianship legislation
    3. have their wishes respected and taken into account
    4. have their lived experiences respected and taken into account
    5. receive the support that they determine is necessary to assist them to make decisions about health care
    6. receive appropriate and comprehensive information about their diagnosis, options for care and treatment and the availability of services
    7. obtain timely, appropriate treatment, care and support
    8. have their age, social, economic, cultural/geographical background and spiritual preferences taken into consideration in their treatment, support and care
    9. have their sexual orientation, gender and gender identity taken into consideration in their treatment, support and care
    10. have their right to privacy respected
    11. have their right to confidentiality respected
    12. be treated in the most facilitative environment with the least restrictive or intrusive response or treatment
    13. receive services in a safe environment that protects them from physical, sexual and emotional harassment, abuse and violence
    14. have families, carers and support persons involved in their assessment, support, care, treatment, recovery and rehabilitation to the extent requested by them
    15. be given appropriate reasons for the refusal of treatment
    16. be referred to alternative or complementary services
    17. where appropriate, receive mental health assessment, support, care, treatment, rehabilitation and recovery that is coordinated with alcohol
    18. and drug use services
    19. seek a second opinion
    20. signify their wishes and preferences in regard to future treatment, support and care
    21. be provided with information about ongoing assessment, support, care, treatment, rehabilitation and services that support recovery
    22. make a complaint regarding any facet of their assessment, support, care, treatment, rehabilitation and recovery
    23. have their complaint dealt with fairly and promptly without fear of compromising treatment or care
    24. continue to live, work and participate in the community to the fullest extent possible without discrimination, stigma or exclusion
    25. contribute to and participate in the development and evaluation of social, justice, health and mental health policy and services.
        
        
20. Mental health services are responsible for ensuring any communication with a mental health consumer is carried out in a form and language that the mental health consumer understands and must, if required, include the use of professional interpreters.


21. Mental health consumers, their families, carers and support persons have the responsibility to:
    1. respect the human worth and dignity of other people
    2. respect their own health safety and welfare, and that of others
    3. respect the rights contained in this statement.

(iii) Involuntary admission and treatment

22. If the severity of a mental health consumer's mental illness requires involuntary treatment, such treatment should be the least restrictive option, be for the shortest period of time that is appropriate, should be recovery-focused and should be governed by the requirements of mental health or guardianship legislation.


23. Services have the responsibility to ensure the aim of all involuntary treatment is to preserve life and enhance the recovery of mental health consumers.


24. In addition to the rights that are listed above, and except where they are modified by legislation that is consistent with human rights principles, mental health consumers who are subject to involuntary treatment should have the right to:
    1. be informed of their rights and responsibilities as expressed in this statement
    2. be informed of the reasons for the involuntary treatment
    3. be provided with an explanation of their condition and plans for the management of the condition, including after admission
    4. participate in all treatment and care decisions
    5. have their wishes and preferences taken into account
    6. contact support persons, carers, advocates, families and friends, if they so choose
    7. have available to them someone independent who will represent them and whose task it is to advise them and protect their rights
    8. be clearly informed of and offered the availability of representation
    9. be supported to make an unhindered and informed decision about whether to accept representation
    10. a timely, independent and impartial review as soon as practicable after they have been admitted for involuntary treatment and at regular intervals thereafter
    11. be ensured continuity of care
    12. be offered discharge planning and pathways for re-entry into the community including assessment, care, support, treatment, rehabilitation and recovery
    13. where required, be transported in the least restrictive manner.

(iv) Children and young people

25. This statement recognises that children and young people have special needs in relation to mental health.


26. Australian governments have a responsibility to ensure that health and mental health services respond appropriately to the needs of children and young people, including recognition of the potential vulnerability of children of mental health consumers.


27. Australian governments have a responsibility to ensure that matters involving children and young people conform with the United Nations Convention on the Rights of the Child.


28. In decisions involving children, governments and services have a responsibility to ensure the best interests of the child are the primary concern.


29. This Statement acknowledges that the families, carers and the support persons of children and young people play an important role in the health and mental health care of children and young people.


30. The families, guardians, carers and support persons of children and young people have the right to:
    1. be confident that the child or young person will receive the most appropriate assessment, individualised care planning and treatment, taking into account the child or young person's age, any special circumstances, and the presentation and nature of their health or mental health problems or mental illnesses
    2. be informed about the child or young person's diagnosis, treatment options and management plans for ongoing care
    3. participate in decisions about the child or young person's care in accordance with the age, maturity and needs of the child or young person
    4. receive the support they need to make health decisions and to participate appropriately in the decision-making process
    5. receive independent support and advice.
    
    
31. Young people who are able to make decisions for themselves have the rights and responsibilities that are set out in this Statement subject to relevant legislation.


32. A child or young person should never be denied assessment, individualised care planning, support, care, treatment, rehabilitation or recovery services on the grounds that a family member, guardian, carer or support person has refused to participate in a specific treatment approach.


33. In addition to the above, children and young people who are admitted to a mental health facility have the right to:
    1. continue to benefit from the involvement and support of their families, guardians, carers and support persons
    2. access an independent advocate whose role is to protect the child or young person's rights
    3. benefit from other special protections and safeguards as determined by legislation and policy
    4. be separated from adult patients and provided with accommodation and programs appropriate to their age and development.
    
    
34. A child or young person has the right to expect that their family, guardian, carer and support persons will obtain appropriate professional assistance if they have reason to believe that the child or young person has a mental health problem or mental illness.


35. Families, guardians, carers and support persons of children and young people have a right to be provided with information necessary for their support role. They should expect to be involved to an appropriate extent consistent with relevant privacy and guardianship legislation in decisions about assessment, individualised care planning, support, care, treatment, rehabilitation and recovery services.