SNP405 | Mental health in the community

Mental Health Act

In this topic we will examine the legal environment in which mental health professionals practice. Social attitudes and values inform the development and implementation of our legal system, as do the national and international agreements to which each State and Territory is bound.

We examine key concepts in the legislation, which underpin professional management of people with mental illnesses, and discuss the role of the mental health professional in ensuring respect for client and carer rights.

Mental health act

Mental illness/disorders affect a person’s ability to make decisions about his or her health and well being at times. With this in mind, mental health professionals are often faced with the responsibility of managing care and treatment for a person whilst they are incapable of making decisions regarding their health. The well being of people in this situation is protected under legislation - A Mental Health Act.

The position of carers and family in this situation is often difficult or ambiguous therefore the concerns and rights of carers are also addressed under mental health legislation.

For historical reasons, each State and Territory has slightly different legislation.

It is important that all people working in the mental health field have a sound knowledge of the mental health policy and legislation in their jurisdiction. They should also have an awareness of legislation Australia-wide, so that they can work effectively across settings.

Mental health legislation

Learning Journal. All health service delivery is governed by legislation. Is there a need for specific separate legislation for mental health?

Mental Health and Related Services Act 1998 (MHARS Act).

In the Northern Territory mental health services are delivered under the Mental Health and Related Services Act 1998 (MHARS Act).

Significant concepts embodied in the NT MHARS Act include:

  1. Definition of mental illness and mental disturbance (and what is NOT mental illness);
  2. Definition of informed consent;
  3. Definition of least restrictive environment; and
  4. Rights of clients and carers.

These concepts are embodied throughout the Act, however there are several clear statements for the information and direction of service providers. Every mental health professional working in the NT context needs to be aware of these core concepts. It is particularly important that professionals undertaking the roles of Authorised Psychiatric Practitioner (APP) and Designated Mental Health Practitioner (DMHP) under the Act are aware of these concepts and integrate them into daily practice.

Reading

Meadows G. and Singh B. (2001) Mental health in Australia. Collaborative Community Practice. Oxford University press Sydney Chapters 4, 5, 6.

These chapters give an overview of the global background to mental health legislation. The historic background to service delivery in each state and territory is explored, and current trends are discussed.

Find out more by exploring the following:

Mental Health Care Law: Ten Basic Principles (PDF file)
In 1991 the United Nations established the 25 principles for the protection of persons with mental illness and for the improvement of mental health care.

In 1996 the World Health Organisation published 10 basic principles to guide the establishment of mental health legislation for all member countries.

The National Mental Health Strategy
In 1991 the United Nations established the 25 principles for the protection of persons with mental illness and for the improvement of mental health care.

Discussion board

So far we have focused on the Northern Territory MHARS Act.

Now we ask you to investigate the mental health legislation of one other state or territory. If you live outside the NT this should be the Act in your own jurisdiction – if you live in the NT you can choose any other Act.

Compare and contrast the 2 Acts you have chosen in the light of the WHO document, specifically:

  1. Section 4 – least restriction; and
  2. Section 5 – self-determination.

How closely does the legislation conform to the WHO principles?

In your learning journal, record:

  • Your reaction to what you are learning; and
  • Any evolution in your thoughts regarding the need for separate mental health legislation.