Having control over your treatment

Under the Mental Health and Wellbeing Act 2022 you have the right to be involved in all decisions about your assessment, treatment and recovery. You should also be supported in making or being involved in those decisions. Your views and preferences should be given priority.

You can also have some control over your treatment if you:

• make an advance statement of preferences which sets out your treatment, care and support preferences
• nominate a person to support you and help represent your interests.

Advance statements of preferences

Making an advance statement of preferences is one way for you to have some control over your treatment. An advance statement of preferences explains what your preferences are for treatment, care and support, if you receive compulsory treatment.

You can make an advance statement of preferences at any time. It must be:

• a written statement
• signed and dated by you, and
• witnessed by an adult.

The witness must include a statement that, in their opinion, you:

• understand the statement and the consequences of making it and how to cancel (revoke) it, and
• make the statement of your own free will (without any pressure from anyone).

Effect of advance statement of preferences

Whenever a different type of treatment is being considered for you, if you have an advance statement of preferences, it must be considered by your treating practitioner.

Your psychiatrist at the mental health service can only make a decision about your treatment which goes against your advance statement of preferences if:

• your preferred treatment is not clinically appropriate or
• your preferred treatment is unable to be provided by the mental health service despite all reasonable efforts being made to provide it.

If this happens, you must be given reasons in writing within 10 business days of the decision.

Cancelling or changing an advance statement of preferences

You can cancel (revoke) your advance statement of preferences at any time. You must cancel it in writing. You must also sign and date it and have it witnessed by an adult. The witness must include a written statement that you understand the consequences of revoking the statement.

You can also make a new advance statement of preferences at any time. Creating a new statement cancels the previous statement.

If you change your mind, you are not able to amend an advance statement of preferences. You must make a new statement.

To make or cancel an advance statement of preferences, you can use the forms on the Department of Health’s website.

Nominated support person

If you are having compulsory treatment under the Mental Health and Wellbeing Act, you can nominate (name) a person to support you.

Role of the nominated support person

The nominated support person must be given information and told when certain things happen, for example when you are put on a temporary treatment order. A nominated support person can:

• support you
• advocate for what you’d like to happen
• help explain what you’d like to happen
• help you make and be involved in decisions
• help you to understand information and decisions, and
• help you to use your rights under the Mental Health and Wellbeing Act.

Nominating a person

The nomination (naming) of a support person must:

• be in writing
• be signed and dated by you
• give the name and contact details of the support person you nominate
• include a statement signed by the nominated support person that they agree to be nominated, and
• be witnessed by an adult.

The witness must make a statement that, in their opinion, you:

• understand the nomination and the consequences of making the nomination and
• make the nomination of your own free will (without pressure from anyone).

Cancelling your nomination

You can cancel (revoke) your nomination at any time. Creating a new nomination will cancel your previous one. Your nomination may also be cancelled if your nominated support person decides to stop. If this happens, they must try and let you know. They must also tell your authorised psychiatrist (if you are on an order).

You must cancel your nomination in writing. It must:

• be signed and dated by you
• be witnessed by an adult
• include a written statement from the witness stating that, in their opinion, you:
  • understand what revoking (cancelling) a nomination means
  • understand the the consequences of cancelling the nomination
  • understand that the nominated person will no longer have the responsibilities, or perform the role, of your nominated support person and
  • that you have cancelled (revoked) the nomination of your own free will (without pressure from anyone) .

What you must consider when making a nomination

You should think about who is the best person to support you. The person you ask must be willing, available and able to take on the duties and responsibilities of the nominated support person.

To make or cancel a nominated support person you can use the forms on the Department of Health’s website.

More information

The Mental Health and Wellbeing Act sets out the rights of people receiving mental health services, which must be considered by those providing mental health services.

Read more about the rights of people receiving compulsory treatment.

Other support

Find out how you can get other support for mental health and disability.

Publications and resources