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

National Advocacy and Legal Support

National Disability Insurance Scheme (NDIS) Quality and Safeguards Commission

Call: 1800 035 544

ACT Legislation

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

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

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

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

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

TAS Advocacy Support

Advocacy Tasmania

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

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

WA Advocacy Support

Mental Health Advocacy Service

Call: 1800 999 057

Mental Health Law Centre

Call: 1800 620 8012

For additional mental health, carer and disability advocacy information or legal aid services please visit our Service Options page.