Admission to mental health facility
A person with a mental illness can be admitted to an authorised mental health service or public sector health service facility as a voluntary or involuntary patient.
A voluntary patient is a person with a mental illness who gives consent to be admitted, and because of their illness, the absence of treatment, or the absence of continued treatment, is likely to result in:
- imminent serious harm to the person or others; or
- the person suffering serious mental or physical deterioration.
An involuntary patient refers to a patient being admitted to a facility without giving consent. This consent must be the patient’s OWN consent. The Act supersedes the provisions of the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, or any other law.
An involuntary patient is subject to one of the following:
- an examination authority;
- a recommendation for assessment;
- a treatment authority;
- a forensic order;
- a treatment support order;
- a judicial order; or
- a person detained in an authorised mental health service or public sector health service facility under section 36 (or section 366(4) if person is from another state).