Legislation and Your Rights
Do you know your rights?
Whether you are undergoing an assessment, have been admitted to hospital, receiving long term mental health care or are caring for someone experiencing mental ill health it is important to know that you have rights.
View national legislation or click on each State to learn more about your rights outlined in State and Territory legislation.
Still not sure where to from here?
Advocates can support you to better make sense of how the mental health system works as well as assist you or your loved one if you feel there has been unfair treatment.
Click on the Advocacy Support links below if you would like to speak to someone about your rights.
National Legislation
- Australian Charter of Healthcare Rights – 2nd Edition
- Carers Recognition Act 2010
- Convention on the Rights of Persons with Disabilities
- Disability Services Act (National Standards for Disability Services) Determination 2014
- Disability Services and Inclusion Act 2023
- Involuntary Commitment and Treatment (ICT) Criteria in Australian and New Zealand Mental Health Acts
- Mental Health Statement of Rights and Responsibilities 2012
- National Disability Insurance Scheme Act 2013
- National Standards in Mental Health Services
- Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care
- Universal Declaration of Human Rights
National Advocacy and Legal Support
National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission
Call: 1800 035 544
ACT Legislation
- ACT Charter of Rights for People who Experience Mental Health Issues
- Carers Recognition Act 2021
- Health Records (Privacy and Access) Act 1997
- Human Rights Act 2004
- Mental Health Act 2015 ACT
- Mental Health (Treatment and Care) Act 1994
ACT Advocacy Support
ACT Human Rights Commission – Advocacy Support
Call: (02) 6205 2222
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
NSW Legislation
- Carers (Recognition) Act 2010
- Drug and Alcohol Treatment Act 2007
- Drug and Alcohol Treatment Regulation 2017
- Guardianship Act 1987
- Mental Health Act 2007
- Mental Health Act 2007 (Easy Read Information Sheet)
- Mental Health and Cognitive Impairment Forensic Provisions Act 2020
- Mental Health Commission Act 2012
- Mental Health and Cognitive Impairment Forensic Provisions Regulation 2021
- Mental Health Regulation 2019
NSW Advocacy Support
Mental Health Carers NSW – Advocacy Toolkit
Call: (02) 9332 0777
Legal Aid NSW – Mental Health Advocacy Service – LawAccess NSW
Call: 1300 0888 529
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
NT Legislation
- Carers Recognition Act 2006
- Disability Services Act 1993
- Guardianship of Adults Act 2016
- Guardianship of Adults Regulations 2016
- Mental Health and Related Services Act 1998
- Mental Health and Related Services Regulations 2009
- Understanding the NT Guardianship of Adults Act 2016
NT Advocacy Support
NT Community Visitor Program – Protecting the rights of people receiving mental health treatment
Call: 1800 021 919
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
QLD Legislation
- Anti-Discrimination Act 1991
- Criminal Code Act 1899
- Carers Recognition Act 2008
- Disability Services Act 2006
- Disability Services Regulation 2017
- Guardianship and Administration Act 2000
- A Guide to the Mental Health Act 2016
- Health Ombudsman Act 2013
- Human Rights Act 2019
- Mental Health Act 2016
- Mental Health Act 2016 – Statement of Rights
- Queensland Mental Health Commission Act 2013
QLD Advocacy Support
Legal Aid QLD – Queensland Advocacy for Inclusion (QAI)
Call: 1300 130 582
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
SA Legislation
- Carers Recognition Act 2005
- Disability Inclusion Act 2018
- Disability Services Act 1993
- Equal Opportunity Act 1984
- Guardianship and Administration Act 1993
- Mental Health Act 2009
- Mental Health Act 2009 – Plain Language Guide
- Mental Health Act 2009 – Statement of Rights
SA Advocacy Support
Office of the Public Advocate – Mental health treatment and your rights
Call: 1800 066 969
South Australian Civil and Administrative Tribunal – Mental Health
Call: 1800 723 767
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
TAS Legislation
- Carer Recognition Act 2023
- Corrections Act 1997
- Criminal Justice (Mental Impairment) Act 1999
- Disability Services Act 2011
- Disability Services Regulations 2015
- Mental Health Act 2013
- Tasmanian Civil and Administrative Tribunal Act 2020
- Youth Justice Act 1997
TAS Advocacy Support
Call: 1800 005 131
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
VIC Legislation
- Carers Recognition Act 2012
- Charter of Human Rights and Responsibilities Act 2006
- Disability Act 2006
- Disability Amendment Act 2017
- Disability Regulations 2018
- Equal Opportunity Act 2010
- Guardianship and Administration Act 2019
- Mental Health and Wellbeing Act 2022
- Mental Health and Wellbeing Act 2022 – Information for the community – Easy Read
- Severe Substance Dependence Treatment Act 2010
VIC Advocacy Support
Victoria Legal Aid – Mental health and your rights
Call: 1300 792 387
Victorian Mental Illness Council (VMIAC) – Advocacy support for those receiving voluntary treatment.
Call: (03) 9380 3900 Email: reception@vmiac.org.au
Independent Mental Health Advocacy (IMHA) – Advocacy support for those receiving involuntary or voluntary treatment.
Call: 1300 947 820 to speak to an advocate or 1800 959 353 to hear a free recording of your rights under the Mental Health and Wellbeing Act 2022
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.
WA Legislation
- Alcohol and Other Drugs Act 1974
- Carers Recognition Act 2004
- Criminal Law (Mental Impairment) Bill 2022
- Disability Services Act 1993
- Equal Opportunity Act 1984
- Freedom of Information Act 1992
- Guardianship and Administration Act 1990
- Mental Health Act 2014
- Mental Health Regulations 2015
WA Advocacy Support
Mental Health Advocacy Service
Call: 1800 999 057
Call: 1800 620 8012
For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.