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The Mental Health (Compulsory Assessment and Treatment) Act has a number of safeguards to protect the rights of people who need compulsory treatment.
For more information on patient rights, see the Health & Disability Commissioner or the Community Law website.
Health & Disability Commissioner website: The Code and your rights(external link)
Community Law website: Your rights as a mental health patient(external link)
If a patient believes their rights have been breached, or they’re not happy with any aspect of their compulsory assessment and treatment, they can seek the help of a district inspector for mental health. District inspectors are lawyers who are appointed to help patients get information about their treatment and make sure their rights under the Act are upheld.
Patients can ask the court to review their condition before a Compulsory Treatment Order is made.
A patient under the Mental Health Act has the right to be represented by a lawyer and may be able to get legal aid. Their lawyer will help them apply for legal aid.
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