Every person in an Australian hospital has rights — whether you walked in voluntarily or were brought in under the Mental Health Act. This site helps you understand and exercise those rights.
Being detained right now? Call IMHA (free independent advocate): 1300 947 820 | Mental Health Tribunal: 1800 242 703
MENTAL HEALTH ACT
Your Rights Under the Mental Health Act 2014 (Victoria)
If you are detained under the Mental Health Act in Victoria, you have legally protected rights. The Act exists to provide treatment, not punishment. Understanding your rights is the first step to protecting them.
✓You must be given a Mental Health Rights Statement explaining your rights
✓You can request a second psychiatric opinion under Section 80
✓You can apply to the Mental Health Tribunal for a review of your detention
✓You can contact the Independent Mental Health Advocacy service (IMHA): 1300 947 820
✓You can have a support person present during assessments
✓You can contact a lawyer at any time
✓You can refuse treatment in many circumstances until a tribunal hears your case
✓The assessment order lasts a maximum of 24 hours unless extended by the tribunal
✓You have the right to communicate with people outside the hospital
HOSPITAL RIGHTS
Your Rights as a Hospital Patient in Australia
The Australian Charter of Healthcare Rights applies to everyone receiving healthcare in Australia. These rights exist regardless of how you arrived at the hospital or why you are there.
✓You have the right to access healthcare services
✓You have the right to be treated with respect, dignity, and consideration
✓You have the right to be informed about your condition, treatment options, and risks
✓You have the right to make decisions about your own healthcare and refuse treatment
✓You have the right to privacy and confidentiality of your health information
✓You have the right to comment on or complain about your care
✓You have the right to access your own medical records
KEY CONTACTS
Who to Call — Emergency Rights Contacts
Keep these numbers. They exist to help you when institutions fail.
✓IMHA (Independent Mental Health Advocacy) — 1300 947 820 — free advocate for anyone under the Mental Health Act
✓Victoria Legal Aid — 1300 792 387 — free legal advice, 24/7 for urgent matters
✓Health Complaints Commissioner — 1300 582 113 — complaints about hospitals and health services
✓Office of the Chief Psychiatrist — ocp@health.vic.gov.au — oversight of psychiatric treatment
✓Victims of Crime Helpline — 1800 819 817
✓Lifeline — 13 11 14 — 24/7 crisis support
✓IBAC — 1300 735 135 — if police were involved in your detention
MEDICAL RECORDS
How to Access Your Medical Records
You have a legal right to your own medical records. Hospitals cannot refuse access. These records are critical evidence if you need to make a complaint or take legal action.
✓Under the Health Records Act 2001 (Vic), you can request all records held about you
✓Under the Freedom of Information Act 1982 (Vic), you can FOI your complete medical file
✓Write to the hospital's Health Information Services or FOI Officer
✓Request: all clinical notes, psychiatric assessments, nursing observations, medication records, and discharge summaries
✓The hospital must respond within 45 days for FOI requests
✓You can request fee waivers if the records are needed for legal proceedings
✓Keep copies of everything — these records are your evidence
COMPLAINTS
How to Complain About Hospital Treatment
If you were mistreated, not given your rights, or feel your detention was unjust, you have multiple pathways to make a formal complaint. Each pathway serves a different function.
✓Hospital Patient Advocate — every hospital has one, ask at the front desk
✓Mental Health Tribunal — 1800 242 703 — if your detention was not properly authorised
✓Office of the Chief Psychiatrist — if psychiatric treatment was inappropriate
✓IBAC — 1300 735 135 — if police were involved in the events leading to detention
✓FOI your records first — complaints are stronger with documentation
✓A no-win no-fee lawyer can file complaints on your behalf
CONSENT
Informed Consent — When Can a Hospital Treat You Without Your Permission?
In most circumstances, a hospital needs your informed consent before providing treatment. There are limited exceptions, and even those exceptions have safeguards built in to protect you.
✓You must be told what treatment is proposed, why, and what the risks are
✓You can refuse treatment — refusal must be respected unless specific legal exceptions apply
✓Under the Mental Health Act, compulsory treatment requires a Treatment Order from an authorised psychiatrist
✓A Treatment Order can be reviewed by the Mental Health Tribunal
✓Emergency treatment without consent is only permitted if there is immediate risk to life
✓Sedation without consent must be documented and is subject to review
✓You can withdraw consent at any time during treatment