Mental health
The compulsory treatment process
Step 4: The first period of assessment and treatment
What happens during the first period of assessment and treatment?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 11
You have to receive treatment for up to five days, if a certificate of preliminary assessment says that you have a mental disorder. You are now legally defined as a “patient” under the Mental Health Act. You will be given a responsible clinician who will be in charge of your treatment.
What are my rights during this period?
Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 16, 63A-75, 84 Habeas Corpus Act 2001, s 6
You can’t refuse this first period of treatment, but you do have the right to ask a judge to review the decision that there are “reasonable grounds to believe you have a mental disorder” (see: “Reviews and appeals”).
You have the rights set out in the Mental Health Act, and you can make a complaint if you think any of these rights are breached. You also have the right to talk to a lawyer (and all other relevant rights in the Bill of Rights Act). Both sets of rights are explained in this chapter – see: “Your rights as a mental health patient”.
If it has been decided that your treatment will take place in a hospital, you also have the right to seek a judicial inquiry to see whether you are being held illegally. There’s also other review and appeal options available. See “Reviews and Appeals” for more information.
Will I stay in hospital?
Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 11, 113
The notice that you got with your certificate of preliminary assessment will say whether you will be treated in the community or be admitted and treated in a hospital.
If you are being treated in the community, the notice will tell you where your treatment will take place, for example, at home or at a community mental health service. If you don’t attend treatment, a DAO can take you there (with police help if necessary) or you can be transferred to hospital.
If you are being treated in hospital, your responsible clinician can give you “leave” for some of the time or decide part way through the five days that you can be treated in the community. If you leave hospital without permission, the responsible clinician can take steps to have you brought back, including asking the police to help them.
What happens if my condition changes during these five days?
Mental Health (Compulsory Assessment and Treatment) Act 1992, s 11
If at any stage during this period the responsible clinician decides that you are fit to be released from compulsory status, you cannot be made to receive any more treatment. “Fit to be released from compulsory status” means that you no longer have a mental disorder under the law and are free to leave.
