Mental Health Act (2014)

The Mental Health Act 2014 (Act) sets out the legislative processes in regard to the way mental health patients in Western Australia (WA) are cared for and treated.

 The Act applies to some patients being treated or cared for on a voluntary basis, however is primarily relevant to people experiencing mental illness who, because of the seriousness of their mental illness and issues in compliance with treatment, need to be made subject to involuntary status.

Mental Health Act (2014) resources for professionals, referrers, consumers and carers can be accessed here: 

The Charter of Mental Health Care Principles

The Charter of Mental Health Care Principles (external site) are 15 principles that mental health services aspire to when providing treatment, care and support to consumers, their families and carers. The principles are applicable to ALL mental health services.

Principles

1. Attitude towards people experiencing mental illness

A mental health service must treat people experiencing mental illness with dignity, equality, courtesy and compassion and must not discriminate against or stigmatise them.

2. Human rights

A mental health service must protect and uphold the fundamental human rights of people experiencing mental illness and act in accordance with the national and international standards that apply to mental health services.

3. Attitudes towards mental illness

A mental health service must promote positive and encouraging attitudes towards mental illness, including that people can and do recover, lead full and productive lives and make meaningful contributions to the community.

4. Recovery focus

A mental health service must be safe and accessible and provide timely treatment and care that is of high quality and promotes recovery. A mental health service must be committed to achieving the best possible outcomes for people experiencing mental illness in the least restrictive manner that is consistent with their needs.

5. Empowering people experiencing mental illness

A mental health service must involve people in decision-making and encourage self-responsibility, cooperation and choice, including by recognising people’s capacity to make their own decisions.

6. Diversity

A mental health service must recognise, and be sensitive and responsive to diverse individual circumstances, including those relating to gender, sexuality, age, family, disability, lifestyle choices and cultural and spiritual beliefs and practices.

7. People of Aboriginal or Torres Strait Islander descent

A mental health service must provide treatment and care to people of Aboriginal or Torres Strait Islander descent that is appropriate to, and consistent with, their cultural and spiritual beliefs and practices and having regard to the views of their families and communities.

8. Co-occurring needs

A mental health service must address physical, medical and dental health needs of people experiencing mental illness and other co-occurring health issues, including alcohol and other drug problems.

9. Factors influencing mental health and wellbeing

A mental health service must recognise the range of circumstances, both positive and negative, that influence mental health and wellbeing, including relationships, accommodation, recreation, education, financial circumstances and employment.

10. Privacy and confidentiality

A mental health service must respect and maintain privacy and confidentiality.

11. Responsibilities and dependents

A mental health service must acknowledge the responsibilities and commitments of people experiencing mental illness, particularly the needs of their children and other dependents.

12. Provision of information about treatment

A mental health service must provide, and clearly explain, information about diagnosis and treatment (including any risks, side effects and alternatives) to people in their preferred language and form of communication to facilitate informed consent.

13. Provision of information about rights

A mental health service must provide, and clearly explain, information to people in their preferred language and form of communication about rights, including those relating to legal matters, advocacy, complaints procedures and services and access to personal information.

14. Involvement of other people

A mental health service must, at all times, respect and facilitate the right of people experiencing mental illness to involve carers, families and other personal and professional support persons in planning, undertaking and evaluating their treatment, care and support.

15. Accountability and improvement

A mental health service must be accountable, committed to continuous improvement and open to solving problems in partnership with all people involved in the treatment, care and support of people experiencing mental illness, including their carers, families and other personal and professional support persons.


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