Key messages
The mental health and wellbeing principles reflect a focus on supported decision making and a right for individuals to make decisions that involve risk.
The Act includes legal mechanisms to promote and assist communication between practitioners and people with mental illness and their families, carers and supporters. These measures support people receiving mental health and wellbeing services to make decisions about their assessment, treatment and care.
The focus on supported decision making is reflected in provisions relating to capacity and consent to treatment which include a requirement that a person is presumed to have capacity to give consent to treatment.
The Act includes specific mechanisms for supported decision making including advance statements of preferences, nominated support persons and a legislated opt out model of non-legal mental health advocacy.
Supported decision making is about assisting people to make their own decisions, rather than making decisions for them.
Principles promoting supported decision making
Supported decision making principle
Supported decision making practices are to be promoted. Persons receiving mental health and wellbeing services are to be supported to make decisions and to be involved in decisions about their assessment, treatment and recovery including when they are receiving compulsory treatment. The views and preferences of the person receiving mental health and wellbeing services are to be given priority.
Dignity of risk principle
A person receiving mental health and wellbeing services has the right to take reasonable risks in order to achieve personal growth, self-esteem and overall quality of life. Respecting this right in providing mental health and wellbeing services involves balancing the duty of care owed to all people experiencing mental illness or psychological distress with actions to afford each person the dignity of risk.
Provisions in the Act to promote supported decision making
The Act includes requirements to promote and assist communication between practitioners and people with mental illness and their families, carers and supporters. These measures support people receiving mental health and wellbeing services to make decisions about their assessment, treatment and care.
The focus on supported decision making is reflected in provisions relating to capacity and consent to treatment which include a requirement that a person is presumed to have capacity to give consent to treatment.
The Act also includes specific mechanisms related to supported decision making including:
Reviewed 31 August 2023