Mental health

If you have a mental illness, you have rights, including rights about how you get treatment. Your rights are different depending on what sort of patient you are and whether you are on a community treatment order.

There are laws about:

  • what mental illness is
  • how mental illness can be treated, including where the patient cannot or does not consent, and
  • the rights of people with a mental illness, including how they get treatment.

This page has information about:

  • where you can complain if you have a problem with your mental health treatment
  • where you can get help about your treatment, and
  • your rights as a patient.

What if I have a complaint about a mental health service?

If you have a complaint about the care you have been given by a mental health service, your first step is to contact the hospital or health service where you were treated. Talk to the people you have a problem with.

If your problem is not fixed, you can complain to the Health and Disability Services Complaints Office.

You can find out information about the WA public health system, including information on how to make a complaint, from the Department of Health.

Get help

Legal Aid WA does not give legal advice on mental health treatment or your rights as a patient. Here are some other organisations that may be able to help you.

Information about mental health
  • Mental Health Commission - call (08) 6553 0060
    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 drugs.

  • Office of the Chief Psychiatrist
    The Chief Psychiatrist is a role created under the Mental Health Act 2014 (WA). This person oversees
    many different parts of mental health treatment including the checking of standards of mental health care delivered throughout WA.

  • Mental Health Tribunal WA - call (08) 6553 0060     
    Information about the Mental Health Act 2014 (WA) and the review process.


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Reviewed: 26 August 2022


The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.