Mental health
If you have a mental illness, you have important rights, including rights about how you receive treatment. Your rights are different, depending on whether you are a voluntary patient, involuntary patient in a hospital, or on a community treatment order.
There are laws about:
- what mental illness is
- how mental illness can be treated, including where a the patient cannot or does not consent, and
- the rights of people with a mental illness, including how they receive treatment.
What if I have a complaint about a mental health service?
If you have a complaint about the care you have been provided with by a mental health service, the first step is to contact the hospital or health service where you were treated.
Information about the WA public health system, including information on how to make a complaint, is available from the Department of Health
If the complaint cannot be resolved, you can complain to the Health and Disability Services Complaints Office
If you were treated by a private provider, you can make a complaint directly to Health and Disability Services Complaints Office
Get help
Legal Aid WA does not give legal advice on mental health treatment or your rights as a patient. Here are some other agencies or organisations that may be able to help you.
Information about mental health
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Mental Health Commission
This website has information on mental health; links to helplines, counselling, drug and alcohol services, and other support services in the community; and information and resources for people about mental health, alcohol and other drug topics. -
Office of the Chief Psychiatrist
The Chief Psychiatrist is a role created under the Mental Health Act 2014 (WA), and has oversight for many different aspects of mental health treatment. This includes publishing standards for treatment and care to be provided by mental health services, and overseeing compliance with those standards. -
Mental Health Tribunal WA - call (08) 6145 3900
Information about the Mental Health Act 2014 (WA) and the review process.
Legal and advocacy help
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Mental Health Law Centre - call the advice line on (08) 9328 8012 or 1800 620 285 (freecall)
Provides legal advice, assistance and representation on legal issues directly connected to a mental health problem. -
Mental Health Advocacy Service - call (08) 6234 6300 or 1800 999 057 (freecall)
A free, independent service helping people with a mental illness protect their rights. It can help you apply to the Mental Health Tribunal and provide support for you in the hearing. -
Health Consumers' Council of WA - call (08) 9221 3422 or 1800 620 780
Advocates for consumers with government, doctors, other health professionals, hospitals and the wider health system.
Other supports
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Mental Health Emergency Response Line - call 1300 555 788 (metro) or 1800 676 822 (Peel)
A free, 24-hour telephone information service for anyone involved in a mental health emergency in the community, including individuals, families, carers, member of the general public, and health professionals. -
Rurallink - call 1800 552 002 (freecall)
A specialist after-hours mental health service for the rural communities of WA. It operates from 4.30 pm - 8.30 am Monday to Friday, and 24-hours on Saturdays, Sundays and public holidays. -
Mental Illness Fellowship of WA - call (08) 9228 0200
Provides services for people affected by schizophrenia and mental illness -
HelpingMinds - call (08) 9427 7100 or 1800 811 747 (freecall)
Provides support and information to family and friends of WA people with mental health issues. -
Specialist Aboriginal Mental Health Service (Metropolitan) - call (08) 9235 2400
Supports for both Aboriginal consumers and carers in the Perth area to access mainstream mental health services, and in better meeting the needs of Aboriginal people. -
Children of Parents with a Mental Illness (COPMI)
Information for parents, children, family members, carers and friends to support children with parents who have a mental illness, including where to get help. -
Department of Social Services - Personal Helpers and Mentors service
Aims to provide increased opportunities for recovery for people over 16, whose lives are severely affected by mental illness. -
Ruah Community Services - call 13 78 24
Provides mental health and wellness services.
Reviewed: 6 June 2018