Mental Health Fact Sheet #13

Person Responsible


What is a Person Responsible?



Section 5 of the Mental Health Act 1996 provides that the law recognises another person as being the “Person Responsible” for a person with a mental health disorder, and gives them certain rights.


What rights does the Mental Health Act give to the Person Responsible?

The right to:

    make an application for an order to have you involuntarily admitted and detained (s.25)

    make an application to the Mental Health Tribunal regarding decisions made to transfer you to another hospital.

    receive all the same information about your diagnosis and treatment that the law requires to be given to you.

    have the information they receive about you explained to them in a language and way they understand

    request a review of your orders by the Mental Health Tribunal




Who is the Person Responsible?

The Person Responsible is chosen by your doctors and nurses from a list set out in the legislation, beginning at the top and going downwards.


    guardian

    spouse

    carer

    close friend or realative




But I don’t want anyone knowing about my diagnosis and treatment. Can I refuse?

Not at this time. The Act presently allows for your rights to confidentiality, choice and consent to be breached. You do have a right to complain about the choice made by staff as to who should be the Person Responsible.


Produced by Advocacy Tasmania Inc. Clients Free Call Number 1800 005 131
copyright 2002
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