Mental Health Act 2009

The

mental health services should be designed to bring about the best therapeutic outcomes for patients, and, as far as possible, their recovery and participation in community life;

mental health services should meet the highest levels of quality and safety;

mental health services should (subject to this Act or any other Act) be provided in accordance with international treaties and agreements to which Australia is a signatory;

mental health services should be provided on a voluntary basis as far as possible, and otherwise in the least restrictive way and in the least restrictive environment that is consistent with their efficacy and public safety, and at places as near as practicable to where the patients, or their families or other carers or supporters, reside;

mental health services should be governed by comprehensive treatment and care plans that are developed in a multi‑disciplinary framework in consultation with the patients (including children) and their family or other carers or supporters;

mental health services should take into account—

the different developmental stages of infants, children, young persons, adults and older persons; and

the gender or gender identity, or the sexuality or sexual identity or orientation, of persons; and

the particular needs of persons with disability; and

in the case of persons of Aboriginal or Torres Strait Islander descent—the persons' traditional beliefs and practices and, when practicable and appropriate, involve collaboration with health workers and traditional healers from their communities; and

the cultural and linguistic backgrounds of persons; and

the background, circumstances and particular needs of persons who have experienced torture or trauma;

there should be regular medical examination of every patient's mental and physical health and regular medical review of any order applying to the patient;

children and young persons should be cared for and treated separately from other patients as necessary to enable the care and treatment to be tailored to their different developmental stages;

the rights, welfare and safety of the children and other dependants of patients should always be considered and protected as far as possible;

medication should be used only for therapeutic purposes or safety reasons and not as a punishment or for the convenience of others;

restrictive practices should be used only as a last resort for safety reasons and not as a punishment or for the convenience of others;

patients (together with their family or other carers or supporters) should be provided with comprehensive information about their illnesses, any orders that apply to them, their legal rights, the treatments and other services that are to be provided or offered to them and what alternatives are available;

information should be provided in a way that ensures as far as practicable that it can be understood by those to whom it is provided.

In this section—