Contents
Involuntary
treatment orders 3
Inpatient treatment 6
Community
treatment orders 8
Appeal and review:
Mental Health
Review Board 10
Complaints 16
Important contacts 17
Involuntary patients
About your rights
In summary
When you are on an involuntary treatment
order or a community treatment order you:
• will have a treatment plan and can be
involved in planning your treatment
• have a right to obtain a second opinion
from a psychiatrist about your treatment
• have a right to appeal to the Mental
Health Review Board against being on
the order
• have a right to obtain legal advice and
have a lawyer represent you
• can talk to and have a friend or family
member represent you
• can complain about your treatment
• have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things,
or contact one of the organisations described at the end of this booklet.
Involuntary patients: About your rights 2
Involuntary patients
About your rights
This booklet provides information about being on an involuntary
treatment order or a community treatment order and your legal
rights and entitlements under the Mental Health Act 1986. A member
of the treating team will talk to you about this information and answer
your questions.
The information must be explained in a language or manner you can
understand. This booklet is also translated into a number of languages.
You can ask a member of the treating team if it is available in your
preferred language.
Copies of this booklet in other languages are also available online at
www.health.vic.gov.au/mentalhealth
Copies of the Mental Health Act are available at the mental health
service.
If at any time you have questions about this information or your rights,
ask someone to explain. You can ask a member of the treating team, a
friend, a family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The charter defnes
the protected rights and requires public mental health services to act
compatibly with these rights.
The charter also specifes when and how rights can be limited by law.
For example, under the Mental Health Act you may be detained in a
mental health service if it is necessary to protect your health or safety
or the safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be
kept to the minimum necessary in the circumstances.
Involuntary patients: About your rights 3
If you have any questions about the charter or how it might affect
your treatment, contact one of the organisations described at the
end of this booklet.
Involuntary treatment orders
Involuntary treatment orders are orders under the Mental Health
Act which require people with mental illness to receive treatment for
their illness. A doctor has recommended that you be placed on an
involuntary treatment order so you can receive treatment for a mental
illness. In the doctor’s opinion all of the following criteria for involuntary
treatment in the Mental Health Act apply to you:
• you appear to be mentally ill (mental illness is defned in the Act as
a medical condition that is characterised by a signifcant disturbance
of thought, mood, perception or memory); and
• your mental illness requires immediate treatment and that treatment
can be obtained by placing you on an involuntary treatment order;
and
• because of your mental illness, involuntary treatment is necessary
for your health or safety (whether to prevent a deterioration in your
physical or mental condition or otherwise) or for the protection of
members of the public; and
• you have either refused or are unable to consent to necessary
treatment; and
• there is no less restrictive way for you to receive adequate treatment
for your mental illness.
Initial review of involuntary treatment orders
Within 24 hours of being placed on the order, a psychiatrist from the
mental health service will examine you to decide if all of these criteria
apply to you. If they do, the psychiatrist will confrm the order and you
will remain an involuntary patient under the Mental Health Act.
Involuntary patients: About your rights 4
The psychiatrist will then either admit you to the mental health service
or make a community treatment order for you. If possible, you will be
treated in the community. If you are admitted as an inpatient, you
must stay in the mental health service. Read the section on inpatient
treatment in this booklet for more information. If the psychiatrist makes
a community treatment order for you, read the section on community
treatment orders.
If the psychiatrist does not believe all of the criteria for involuntary
treatment apply to you, the involuntary treatment order will be
discharged. You can discuss continuing treatment on a voluntary basis
with your case manager or psychiatrist. If you have been an inpatient
and both you and the psychiatrist think you would beneft from further
treatment at the mental health service, you can ask to stay on a
voluntary basis.
If you have any questions about the review by the psychiatrist, such
as when the psychiatrist will come to see you, ask a member of the
treating team.
Treatment
Your psychiatrist will prepare a treatment plan that is designed to meet
your specifc needs. You can be involved in planning your treatment
and your psychiatrist will consider your preferences and concerns.
The psychiatrist will also take into account the wishes of any guardian,
family member or primary carer who is involved in providing ongoing
care to you (unless you object), any benefcial alternative treatments
and any signifcant risks of the treatment.
If your psychiatrist believes a particular psychiatric treatment is
necessary, that treatment can be given to you, even if you refuse. If this
happens, your psychiatrist will explain why the treatment is necessary.
Your psychiatrist or another member of the treating team will discuss
your treatment plan with you and give you a copy.
Involuntary patients: About your rights 5
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and
update your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing
your treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and
care to you while you are receiving treatment for your illness. Generally,
they will only be given information about your treatment and care if
you agree. However, if a guardian, family member or your primary carer
needs information to care for you, a member of the treating team can
give them the information, even if you don’t agree.
Second opinion
It is your right to get a second opinion about your psychiatric condition
and treatment. Your case manager or psychiatrist can arrange this from
within the mental health service or they can help you choose your own
psychiatrist. If you choose a private psychiatrist you may have to pay a
fee. You can discuss the second opinion with your treating psychiatrist;
however, your treating psychiatrist is responsible for making the fnal
decision about the treatment you receive.
Access to information
It is your right under freedom of information laws to apply for access
to documents about your personal information that the mental health
service holds. If you wish to access the information, you can ask a
member of the treating team or the mental health service’s freedom of
information offcer to help you make an application.
Organisations that may be able to help you with a freedom of
information application are described at the end of this booklet.
Involuntary patients: About your rights 6
Inpatient treatment
This section of the booklet has information about your rights and
entitlements if you are admitted to a mental health service on an
involuntary treatment order.
Leave of absence
You may be allowed to leave the mental health service for a short time
(for example, a few hours, overnight or a weekend) to visit family or
friends or for some other purpose. If you would like to have leave, you
should talk to a member of the treating team. Your psychiatrist will make
the fnal decision about a request for leave.
Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room in which the
doors and windows are locked from the outside. This only happens
if it is necessary to protect the person or others from an immediate
or imminent risk to their health or safety or to prevent the person
from absconding. It is only used when other ways of ensuring safety
have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps,
to restrict a person’s freedom to move about. Restraint may be used
to enable a person to be medically treated, to prevent the person from
injuring themself or others, or to prevent the person from persistently
destroying property.
Approval and monitoring of seclusion and mechanical
restraint
Seclusion and restraint can be approved by your psychiatrist or, in an
emergency, authorised by the senior nurse on duty. They can only be
used for as long as the above reasons apply.
Involuntary patients: About your rights 7
If you are put in a seclusion room or are restrained, staff must give
you appropriate bedding, clothing, food and drink at the appropriate
times. You can ask staff for food and drink when you want them. They
must also provide you with adequate toilet arrangements, including the
opportunity to wash.
A nurse must review your physical and mental condition at least
every 15 minutes. A doctor must also examine you at least every
four hours, unless your psychiatrist thinks less frequent examinations
are appropriate. If you are being restrained you must be monitored
continuously.
Letters and telephone calls
You can contact people by letter or telephone. Your mail will not
be opened.
Transfer
You may be transferred to a different mental health service if your
psychiatrist believes you would beneft from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the
board will decide whether you should be returned to the original service
when it hears the appeal.
Community treatment orders
If your psychiatrist believes you can live in the community while you
receive the treatment you need, you may be placed on a community
treatment order. To fnd out more about these orders, read the section
in this booklet on community treatment orders and ask a member of the
treating team to explain them.
Involuntary patients: About your rights 8
Discharge from involuntary patient status
If your psychiatrist believes any of the criteria for involuntary treatment
no longer apply to you, you must be discharged as an involuntary patient
and you will be free to leave. However, if both you and your psychiatrist
think you would beneft from further treatment at the mental health
service, you can ask to stay in the service on a voluntary basis.
If at any time you want to be discharged from being an involuntary
patient, you should talk to your psychiatrist or other members of the
treating team, or you can appeal to the Mental Health Review Board.
Whether or not you appeal, the board will initially review the order
within eight weeks of you becoming an involuntary patient and then
at least every 12 months if you continue as an involuntary patient.
Your psychiatrist will also regularly review you to see if you should be
discharged.
Community treatment orders
This section of the booklet has information about your rights and
entitlements if you are placed on a community treatment order.
Community treatment orders (CTOs) are orders under the Mental Health
Act which enable involuntary patients to live in the community while
they receive treatment for their mental illness.
If your psychiatrist believes you can obtain the treatment you need
while you live in the community, you will be placed on a CTO. You will
still be an involuntary patient on an involuntary treatment order, even
though you are living in the community on a CTO.
Planning for a community treatment order
Your psychiatrist will talk to you about the CTO and prepare a new
treatment plan. You can be involved in planning your order and your
treatment plan. The treatment plan will include an assessment about
Involuntary patients: About your rights 9
your needs for continuing treatment and support in the community
and the best way these can be met. Your preferences will be taken into
consideration. For example, you may have a particular doctor that you
wish to supervise the order.
Your psychiatrist or another member of the treating team will discuss
your treatment plan with you and give you a copy. The plan will include:
• an outline of your treatment
• the name of the psychiatrist who will monitor your treatment
• the name of the doctor who will supervise your treatment
• the name of your case manager
• the place and times at which you are to receive treatment
• how often the supervising doctor must report on your treatment to the
monitoring psychiatrist
• anything else your psychiatrist thinks is appropriate.
Conditions of the community treatment order
You will be given a copy of the CTO. It will say how long the order will
last, which can be for up to 12 months. The CTO sometimes states
where you must live if this is necessary for the treatment of your illness.
Your psychiatrist may vary these conditions from time to time and will
discuss the reasons with you.
If you are unhappy with any of the conditions, you should talk to a
member of the treating team or you can appeal to the Mental Health
Review Board.
Your psychiatrist can extend the CTO if the criteria for involuntary
treatment still apply to you and the treatment you need can continue
to be obtained through the order. If your CTO is extended, the Mental
Health Review Board will review the extension.
Involuntary patients: About your rights 10
If your psychiatrist does not extend your CTO, it will expire and you will
no longer be an involuntary patient.
Revoking the community treatment order
If you do not comply with your order or your treatment plan, members
of the treating team will try to help you comply. However, if you still do
not comply and there is a signifcant risk that your health will get worse
because of your non-compliance, your psychiatrist may revoke the CTO
and you must return to the mental health service for treatment.
Your CTO may also be revoked if your psychiatrist believes that your
illness would be better treated in a mental health service.
If your CTO is revoked, reasonable efforts will be made to tell you and
you must then go to the mental health service.
Discharging the community treatment order
If your psychiatrist believes any of the criteria for involuntary treatment
no longer apply to you, you must be discharged from the CTO and from
being an involuntary patient. You can discuss continuing treatment on a
voluntary basis with your case manager or psychiatrist.
If at any time you want to be discharged from the CTO, you should
talk to your psychiatrist or other members of the treating team, or you
can appeal to the Mental Health Review Board. Whether or not you
appeal, the board will initially review the order within eight weeks of
you becoming an involuntary patient and then at least every 12 months
if you continue as an involuntary patient. Your psychiatrist will also
regularly review you to see if you should be discharged.
Appeal and review: Mental Health Review Board
This section of the booklet has information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
Involuntary patients: About your rights 11
The functions of the board
The Mental Health Review Board is an independent tribunal that:
• hears appeals from involuntary patients on involuntary treatment
orders or community treatment orders who want to be discharged
from the order
• reviews all involuntary patients within eight weeks of being placed on
an involuntary treatment order to decide if they can be discharged
from the order
• reviews all involuntary patients at least every 12 months to decide if
they can be discharged
• hears appeals from patients who do not want to be transferred to a
different mental health service
• reviews the extension of all community treatment orders.
At each appeal or review, the board will also review your treatment plan.
Your right to appeal to the board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal
form, fll it in and ask the team member to send it to the board. If no
appeal form is available, you can write a letter or email an appeal to the
board that sets out your name, the name of the mental health service
and what you want to appeal about. The board must hear your appeal
without delay. If you need help to fll in the form or help with anything
else, you should ask a member of the treating team, a friend, a family
member, a lawyer or a community visitor to help you.
Involuntary patients: About your rights 12
The board’s contact details
To fax, mail or email an appeal to the board or to fnd out more
information, use the contact details below:
Executive Offcer
Mental Health Review Board
Level 30, Marland House, 570 Bourke Street, Melbourne, 3000
Telephone: 8601 5270
Telephone: 1800 242 703 (free call–rural areas only)

Preparing for the board hearing
The board will send you a notice advising the date, time and place
at which your review or appeal will be heard. Your psychiatrist and
case manager will also be notifed of the hearing. It is your right to
attend the hearing unless the board decides this would be bad for
your health. You are encouraged to attend and present your case and
you can have someone attend to offer support or speak for you; for
example, an advocate, a lawyer, a private doctor, a friend or a family
member. If you are unable to attend the hearing, you should tell the
board as soon as possible.
Before the hearing, read the documents that will be given to the board
for your hearing (see below) and think about what you are going to say
to the board. You may also want to give the board written information.
Your family and friends or someone you respect may wish to write
letters or come to the hearing in support of your appeal or review.
Involuntary patients: About your rights 13
If you have special needs, such as the need for an interpreter, you
should discuss these with a member of the treating team or contact the
board. The board will arrange an interpreter if necessary.
Organisations that may be able to help you with your appeal or review
are described at the end of this booklet.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the board for your hearing, including your
clinical fle and your psychiatrist’s report to the board, at least
24 hours before the hearing. However, your psychiatrist can apply to the
board to prevent you from seeing a document or part of a document if it
is believed that:
• seeing the document will cause serious harm to your health or the
health or safety of another person
or
• the information in a document was given in confdence or is personal
information about another person.
If an application is made to prevent you from seeing a document or
part of a document, a member of the treating team will tell you and
explain the process. The board will make the fnal decision about
whether you see the whole document or part of the document or none
of the document.
If the board decides you should not see a document or part of any
document, it may allow your representative to see it instead.
The board hearing
Hearings are held either at hospitals or community mental health
services. Your hearing will usually be heard by three board members:
a lawyer, a psychiatrist and a community member. If the hearing is the
annual review of your involuntary treatment order or the review of the
Involuntary patients: About your rights 14
extension of your community treatment order, it may be conducted
by one person: a lawyer, a psychiatrist or a community member of
the board.
The hearing will be informal and private, unless the board decides it is in
your best interests or the public interest for the hearing to be open. Your
doctor and other members of the treating team will give information to
the board. You and your representative will be able to ask questions and
explain your side of the case; for example, why you believe you should
not be on an involuntary treatment order.
The board will primarily consider your current mental condition and
will also consider your medical and psychiatric history and your social
circumstances when making its decision.
If you are an inpatient and too ill to attend the hearing, the board may
visit you in your ward.
The board’s decision on appeal or review of involuntary
status
The board must decide whether all the criteria for involuntary treatment
still apply to you.
Discharge from involuntary status
If any one of the criteria for involuntary treatment does not apply, you
will be discharged from the order and from being an involuntary patient.
If you were on a community treatment order, you will also be discharged
from that order. You can discuss continuing treatment on a voluntary
basis with your case manager or psychiatrist. If you were an inpatient,
you will be free to leave the mental health service; however, if both you
and your psychiatrist think you would beneft from further treatment at
the mental health service, you can ask to stay on a voluntary basis.
Involuntary patients: About your rights 15
Continuation of involuntary status
If the board decides all of the criteria for involuntary treatment still apply
to you, you will continue to receive treatment as an involuntary patient.
If you are an inpatient and the board considers that you can obtain the
treatment you need through a community treatment order (CTO), it may
order your psychiatrist to place you on a CTO. If you are on a CTO, the
board can vary the conditions of the order. If the board revokes your
CTO, you must return to the mental health service.
The board will also review your treatment plan to decide whether the
proper procedures have been followed in making the plan. For example,
were your wishes taken into account and did the psychiatrist consider
alternative treatments? The board must be satisfed that the mental
health service can implement the plan.
At the end of the hearing, the board will tell you its decision and the
reasons for it. You will be given a written copy of the decision. If you
want written reasons for the decision, you must request these in writing
from the board within 28 days and the board must provide you with a
statement of reasons within 14 days of your request. You can appeal
again to the board at any time.
Review of the board’s decision
If you disagree with the board’s decision, you can apply to the Victorian
Civil and Administrative Tribunal (VCAT) for a review of the board’s
decision. VCAT is an independent tribunal with the power to confrm or
overturn the decision of the board.
Applications must be made in writing within 28 days of receiving the
board’s decision or, if you requested a statement of reasons from the
board, within 28 days of receiving that statement, to:
Involuntary patients: About your rights 16
Victorian Civil and Administrative Tribunal
Mental Health List
55 King Street, Melbourne, 3000
Telephone: 8685 1492
Telephone: 1800 133 055 (free call – rural areas only)
Fax: 8685 1404
Organisations that may be able to help you with an application are
described at the end of this booklet.
Complaints
You should be treated with dignity and respect and be protected from
abuse when you receive treatment and care from the mental health
service. If you are unhappy about any part of your treatment or care,
you can complain. A good place to start is with your case manager,
primary nurse or another member of the treating team, the complaints
liaison offcer or consumer consultant in the hospital, or the Director of
Psychiatry at the mental health service.
You can also complain directly to the Health Services Commissioner on
telephone 8601 5200 or the Chief Psychiatrist on 1300 767 299.
If you need help with your complaint, you can ask someone you trust
to assist you. This might be a member of the treating team, a friend, a
family member, a lawyer or a community visitor.
Involuntary patients: About your rights 17
Important contacts
The organisations you can contact for assistance and more information
are listed below.
• The Mental Health Review Board is an independent tribunal which
hears appeals from involuntary patients, patients on restricted
involuntary treatment orders and security patients who want to
be discharged from their involuntary treatment status. It also
automatically reviews these patients.
Level 30, 570 Bourke Street, Melbourne 3000
Telephone: 8601 5270
Telephone: 1800 242 703 (free call–rural areas only)
www.mhrb.vic.gov.au
• Community visitors are people who visit mental health services
at least once a month to inquire into the adequacy of services and
facilities for the treatment and care of patients, investigate complaints
and report on their inquiries and investigations.
Level 1, 204 Lygon Street, Carlton 3053
Telephone: 1300 309 337 (cost of local call)
www.publicadvocate.vic.gov.au
• The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
Level 9, 10-16 Queen Street, Melbourne 3000
Telephone: 9629 4422
Telephone: 1800 555 887 (free call–rural areas only)
www.communitylaw.org.au/mentalhealth
Involuntary patients: About your rights 18
• Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and might be able to assist with legal representation at
Mental Health Review Board hearings.
350 Queen Street, Melbourne 3000
Telephone: 9269 0120
Telephone: 1800 677 402 (free call–rural areas only)
www.legalaid.vic.gov.au
• The Public Advocate assists, advises and advocates for people
with serious complaints about mental health and disability services
and treatment.
Level 1, 204 Lygon Street, Carlton 3053
Telephone: 1300 309 337 (cost of local call)
www.publicadvocate.vic.gov.au
• The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has
specifc functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the charter.
Services include an enquiry line and a confdential, free and impartial
complaint resolution service.
Level 3, 204 Lygon Street, Carlton 3053
Telephone: 1300 292 153 (cost of local call)
www.humanrightscommission.vic.gov.au
Involuntary patients: About your rights 19
• The Chief Psychiatrist is a senior Department of Health offcial
appointed under the Mental Health Act, with special responsibilities
in relation to people receiving mental health services. These include
the power to investigate complaints and other matters and to take
necessary action.
50 Lonsdale Street, Melbourne 3000
Telephone: 9096 7571
Telephone: 1300 767 299 (cost of local call)
www.health.vic.gov.au/chiefpsychiatrist
• The Health Services Commissioner is an independent
commissioner who investigates and helps to resolve complaints
by health care consumers about health services, including mental
health services. The Commissioner can help patients access their
health information.
Level 30, 570 Bourke Street, Melbourne 3000
Telephone: 8601 5200
Telephone: 1800 136 066 (free call–rural areas only)
www.health.vic.gov.au/hsc
• The Ombudsman investigates complaints about government
departments.
Level 9, 459 Collins Street, Melbourne 3000
Telephone: 9613 6222
Telephone: 1800 806 314 (free call–rural areas only)
www.ombudsman.vic.gov.au
You can also ask your case manager or any member of the treating
team about other local organisations and support groups that may
be able to help you.
Involuntary patients: About your rights 20
Printed booklets in the
‘About your rights’ series:
• Involuntary patients
• Restricted involuntary treatment
orders
• Security patients
• Forensic patients
• Electroconvulsive therapy
• Major non-psychiatric treatment
• Non-custodial supervision orders
Other booklets in the ‘About
your rights’ series:
• Forensic (remand and interim
disposition order) patients
• Continuing treatment (section
12A-12D) involuntary patients
• Assessment orders and diagnosis,
assessment and treatment orders
• Psychosurgery
These and other booklets are
available online at
www.health.vic.gov.au/
mentalhealth
Selected booklets are also available
in other languages.
Telephone information line
You can listen to a recorded
summary of some of the key
information in this booklet in a
number of languages by calling the
telephone information line.
The lines are open 24 hours a day,
seven days a week.

Do you require this booklet in another format?
If you require this booklet in another format please speak to your
case manager or any member of your treating team and request
that they contact us.
Authorised and published by the Mental Health, Drugs and Regions Division,
Department of Health, Melbourne, Victoria, Australia.
© Copyright State of Victoria, Department of Health, 2012.
This publication may be reproduced in part or in full if the copyright
is acknowledged.
Revised February 2012 (1201034)

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