Your legal rights during a mental health assessment, involuntary admission, or treatment order — plain English, state by state.
📋 Sources: SANE Australia — sane.org ↗. State Mental Health Acts: VIC 2022, NSW 2007, QLD 2016, SA 2009, WA 2014, TAS 2013, ACT 2015, NT 1998. Better Health Channel VIC — betterhealth.vic.gov.au ↗. MHCC NSW Mental Health Rights Manual — mhrm.mhcc.org.au ↗. WA Mental Health Advocacy Service — wa.gov.au ↗. Laws change. Always contact your state’s free advocacy service for current and specific advice.
ℹ️ General information only — not legal advice. Mental health laws vary by state and change over time. For your specific situation, contact your state’s free mental health advocacy service — contacts are in the state selector below.
What’s your situation?
Tap the situation that applies to see the most relevant rights right now.
Rights that apply in all Australian states
These rights apply whether you are a voluntary or involuntary patient. Mental health clinicians work hard in difficult circumstances — this information helps you understand the process, not challenge the people caring for you. Source: SANE Australia · State Mental Health Acts
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Right to be told why. You must be told the reason for your assessment or detention, in language you understand. If you don’t understand, you can ask for it to be explained again or in another language.
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Right to have someone notified. You can ask for a family member, friend, or carer to be notified that you are being assessed or admitted.
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Right to an advocate. You can access a free, independent mental health advocate in every state. They can help you understand your rights and speak on your behalf. See state-specific contacts below.
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Right to legal representation. You have the right to free legal representation at a mental health tribunal hearing. If you are not provided a lawyer, ask for one.
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Right to have your order reviewed. If you are made an involuntary patient, your treatment order must be reviewed by a tribunal within a set time. The tribunal is independent from the treating team.
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Right to be involved in your care. You have the right to be involved in decisions about your treatment plan. Even involuntary patients must be consulted where possible.
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Right to make a complaint. You can complain about your care to the health service, state health commission, or mental health commission. Your advocate can help you do this.
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Rights not affected. Being admitted or made involuntary does not automatically affect your right to vote, manage your finances, drive (unless clinically assessed), or make other personal decisions. Source: SANE Australia
State-specific rights & advocacy contacts
Laws and terminology differ by state. Tap yours for what applies where you are.
Victoria — Mental Health and Wellbeing Act 2022
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Victoria has the most recently reformed Act in Australia (2022). Unique feature: Assessment Orders can be made by a broader range of mental health practitioners, not just doctors. Source: betterhealth.vic.gov.au
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Tribunal review: Mental Health and Wellbeing Tribunal must review orders. You can request a review at any time in addition to scheduled reviews.
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Treatment plans: All compulsory patients must have a Treatment, Support and Recovery Plan (TSRP). You must be involved in making this plan.
📞 Healthdirect for referral to VIC advocacy: 1800 022 222
New South Wales — Mental Health Act 2007
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If detained: You must be seen by a doctor within 12 hours of arrival at a mental health facility.
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Legal representation: The NSW Mental Health Act requires you to be represented by a lawyer at Mental Health Review Tribunal hearings unless you decline. Representation is free via the Mental Health Advocacy Service.
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Discharge appeal: If your request for discharge is rejected or not responded to within 3 days, you can appeal to the Mental Health Review Tribunal. Source: slhd.health.nsw.gov.au
📞 Free advocacy — NSW
📞 Mental Health Advocacy Service (Legal Aid NSW): 02 9745 4277
QLD emphasis: The Act places strong emphasis on patient rights and independent oversight. The Mental Health Court handles forensic cases separately from civil involuntary admissions. Source: health.qld.gov.au
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Review tribunal: Mental Health Review Tribunal reviews all involuntary treatment authorisations. You have the right to appear and be represented.
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Nominated support person: You can nominate a support person — not a substitute decision-maker, but someone who can help and advocate for you.
Tribunal review: Must review every new involuntary treatment order within 35 days (10 days for under-18s). Reviews continue every 3 months for adults (28 days for under-18s). Source: mht.wa.gov.au
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Free legal advice: Mental Health Law Centre WA provides free legal advice for people affected by the Mental Health Act. 1800 620 285
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Charter of Mental Health Care Principles: 15 principles that all mental health services must consider when providing treatment. Applies to both voluntary and involuntary patients. Source: wa.gov.au
Initial detention: Emergency detention can be authorised for up to 24 hours by an Authorised Mental Health Professional (not necessarily a doctor) while awaiting assessment.
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Review Board: The Mental Health Review Tribunal SA independently reviews inpatient treatment orders.