Frequently Asked Questions

With the responses I received. The Italic wording is what I have sent back to them again With no response.

When considering treatment and care, the psychiatrist must make reasonable efforts to determine if the person has an Advanced Health Directive or an appointed (health) attorney or guardian.  Section 291 of the Act refers to the roles of a nominated support person but does not allow for a nominated support person to make substitute decisions on behalf of the patient. When I was initially admitted to Jasmine Mental Health Ward March 2023 this happened while I was with my Mother in law, we all agreed that Jasmine Ward would offer access to Allied health “support” and that Is why we agreed. No one mentioned anti-psychotics being forced upon me for 6 months. There was no informed consent, if myself or my mother in law had have had access to the detailed CMI and PI information on the TGA Therapeutic Goods Administration Website there is no chance anyone would have agreed to this.

Yes, depression is considered a Mood Disorder and would be classified as a mental illness. The only ways in which a Treatment Authority can be placed is if all of these criteria are met - the person has a mental illness and the person does not have capacity to consent to be treated for the illness and because of the person's illness the absence of involuntary treatment or the absence of continued involuntary treatment is likely to result in imminent serious harm to the person or to others or the person suffering serious mental or physical deterioration. How is capacity defined? - a person has capacity to consent to be treated if the person is capable of understanding in general terms: that the person has an illness or symptoms of an illness that affects the persons mental health and well being. The nature and purpose of the treatment for the illness. The benefits and risks of the treatment and alternatives to the treatment. The consequences of not receiving the treatment. The person must also be capable of making a decision about the treatment and communicating desicion in some way. The act promotes supported decision making by providing that a person may be supported by another person in understanding the matters listed above and in making a decision about treatment.

Section 13 of The Act outlines ‘less restrictive way’ which refers to how a person might receive treatment and care for their mental illness without involuntary treatment under The Act. As the Act does not specify what treatments or care can be considered, this would be up to the treating team in consultation with the patient. On my treating teams website, it states that they offer a holistic treatment plan. We need to address the difference between holistic and conventional psychiatry. The main difference between the two is that a holistic approach seeks to address the root cause of the disorders themselves rather than just managing the symptoms of the illness like anger anxiety or depression - that often comes along with mental and emotional struggle. For example conventional psychiatry involves careful evaluation and treatment with medications and psychotherapies. Holistic psychiatry on the other hand focuses on the unique characteristics of the individual person based on the interaction of the mind body spirit and community. It focuses on prevention and maintenance of health with attention to lifestyle choices including nutrition exercise stress management and emotional well being. It uses an evidence based approach from multiple sources of information to integrate the best therapy for the patient.

Seclusion under The Act can be applied to “a relevant patient”. 

In relation to the seclusion provisions, a relevant patient is: A patient in an AMHS, subject to a Treatment Authority, Forensic Order (Mental Health or Disability) or Treatment Support Order, or − A person who is absent without permission from an interstate mental health service and who has been detained in an AMHS.  And: A person detained for examination or assessment, or patients who are accessing mental health services voluntarily or with the consent of a substitute decision[1]maker cannot be placed in seclusion under the Act. I was one of those patients who were accessing mental health services voluntarily and with consent of my substitute decision maker therefore I was not able to be placed under the seclusion I was forced into on Mother's Day.

The Act allows for administration of medication when clinically necessary for the patient’s treatment and care for a medical condition. It was not clinically necessary to sedate me purely for being suicidal, the body Cam footage and CCTV footage will prove this.