Upon admission to any approved mental health service, involuntary, forensic and security patients must be given an appropriate statement setting out their legal rights and entitlements. These include the right to legal representation and the right to obtain a second psychiatric opinion. They must also be given an oral explanation of their rights, and must appear to understand them; otherwise arrangements must be made to give this information to patients in the language, the mode of communication or in the terms that they are most likely to understand (s.18 MHA).

The service must keep the addresses and telephone numbers of the MHRB, the Public Advocate, the Chief Psychiatrist, the Community Visitors, Victoria Legal Aid, the Health Services Commissioner and the Ombudsman in a place where patients can easily find them (s.19).

The Mental Health Legal Centre has produced a Patients' Rights booklet, which is easily readable and accessible and includes information not available in the official statement. Contact the Mental Health Legal Centre for more information (see: "Contacts" at the end of Chapter 16*1 Disability Overview).

The MHA sets out a number of important statements about the quality of care all types of patients should receive, including matters such as dignity, privacy, independence, participation in treatment decisions, treatment near home where possible, and recognition of age, gender, and religious, cultural, language or other special needs (ss.4, 5, 6 & 6A).

Patients' rights must be conveyed in a language the person understands. If you are assisting a non-English-speaking patient, talk to the social worker at the mental health service to make arrangements for an interpreter to assist the patient. Note that interpreters can be present at MHRB hearings and are arranged for by the MHRB. They can also be organised by a nurse, a doctor or a member of the hospital staff.

Any money received by an approved mental health service on behalf of a patient must be kept in a special patients' trust account. A patient can withdraw money for any purpose. The senior officer of the service can also withdraw money to buy goods or services for the patient, provided the patient doesn't object (ss.89 & 91 MHA).

Patients are free to conduct their finances as they see fit unless an administrator has been appointed by VCAT, or the person has appointed an Enduring Power of Attorney (Financial). If a patient is not capable of looking after their own financial affairs because of mental illness, an application can be made to the Guardianship List of VCAT to have an administrator appointed to control the patient's estate (see: Chapter 16*6 Guardianship and Administration). An enduring power of attorney can be a  less restrictive way of managing aperson’s  financial affairs (see: Chapter 16*7 Powers of Attorney).

Some long-term in-patients may be subject to accommodation fees. In the past the Department of Health has enforced payment of these fees in VCAT. An application may be made to the particular mental health service or the Department of Health for a waiver of fees if there are special circumstances, or if funds are needed to prepare for release (see: "Contacts" in Chapter 16*1 Disability Overview).

Letters written to, or by, a patient must not be opened by staff of any psychiatric service.

Letters of security patients and forensic patients are subject to security conditions imposed by the authorised psychiatrist (ss.17B & 20 MHA).

In certain circumstances the MHA allows the use of restraint and seclusion. Whenever restraint or seclusion is used, the primary considerations must be the rights and welfare of the person with the mental illness.

The MHA sets out guidelines for the use of mechanical means of bodily restraint and keeping patients in sole confinement (referred to as seclusion). Mechanical restraint may only be used if approved by the authorised psychiatrist or, in an emergency, by the senior registered nurse on duty, who must then notify a registered doctor without delay.

The MHA defines mechanical restraint as "the application of devices (including belts, harnesses, manacles, sheets and straps) on the person's body to restrict his or her movement". The definition "does not include the use of furniture (including beds with cot sides and chairs with tables on their arms) that restricts the person's capacity to get off the furniture" (s.81(1A)). The restraint must be necessary for the person's treatment, or to prevent them causing injury to themselves or others. Although the Act allows restraint to be used to prevent persistent damage to property, this may be a breach of the Charter (see: "Charter of Human Rights and Responsibilities", above).

A person may be kept in seclusion if it is necessary to protect them or any other person from immediate or imminent risk or to prevent them from absconding (s.82 MHA). Depending on the circumstances, seclusion to prevent a person from absconding may be a breach of the Charter.

If a person is restrained or secluded the MHA requires that:

It is an offence under the MHA to fail to comply strictly with the requirements for seclusion and restraint (ss.81 & 82).

Note: Both restraint and seclusion may potentially breach a person's Charter rights. This will depend on the particular facts of each situation and further advice should be sought from the Mental Health Legal Centre or the Human Rights Law Centre (see: "Contacts" in Chapter 16*1 Disability Overview).

The fact that a person has been in a psychiatric in-patient service often makes getting a job more difficult. Any gap in a person's work career may be queried by prospective employers. There is no requirement to disclose a history of mental illness at a job interview.

A person who feels discriminated against by an employer because of a history involving psychiatric illness can make a complaint of unlawful discrimination. The Victorian Human Rights and Equal Opportunity Commission or the Disability Discrimination Legal Service may be able to help with this procedure. (See also: Chapters 16*1 Disability Overview and 17 Discrimination. For obligations once a person is employed, see: Chapters 18*3 Work Injuries and 15 Employment Conditions.)

The MHA allows a patient or their representative to inspect or otherwise have access to the patient's clinical file at least 24 hours before an MHRB hearing (s.26(7)).

An application to the MHRB can be made by or on behalf of the authorised psychiatrist to restrict a patient's right to see the file, or any part of it, where it may cause serious harm to the patient or another person or contains personal information about anyone, or where information is given in confidence (s.26(8)). The MHRB may order restricted access if satisfied that one of the section 26(8) criteria apply. However, the MHRB is bound by the rules of natural justice as well as the Charter right to provide a fair hearing, and must apply those rules and the Charter in considering a section 26(8) application. A patient's representative may still inspect or have access to such information (s.26(9)) if the MHRB orders.

In other circumstances, a person may access their file by using freedom of information legislation (see: Chapter 21*6 Freedom of Information). Patients receiving private psychiatric treatment are able to access their files through the Health Records Act 2001 (Vic) ("HRA 2001") and the Privacy Act 1988 (Cth) ("PA 1988"). If information is incorrect on a patient's file, whether public or private, the patient has the right to correct the records. See also: Chapter 21*5 Privacy Rights.

The Health Services Commissioner, the Mental Health Legal Centre or Victoria Legal Aid may be able to help (see: "Contacts" in Chapter 16*1 Disability Overview).

See: "Wills and testamentary capacity", in Chapter 16*1 Disability Overview.

It is unlawful for anyone providing accommodation to discriminate against a person on the ground of impairment (s.30 Equal Opportunity Act 1984 (Vic); s.25 Disability Discrimination Act 1992 (Cth)). Impairment includes mental and psychological disease or disorder, and the discrimination may refer to an existing or previous mental illness. See: Chapter 16*1 Disability Overview.

Patients seeking accommodation should speak to a social worker either at the service where they were treated or at one of the community mental health centres. The Victorian Mental Illness Awareness Council may also be able to provide assistance and information, tel: 9387 8317.

Health and personal information about a person must not be disclosed without that person's consent, unless specific exceptions to the laws of confidentiality apply (see generally: "Confidentiality", in Chapter 19*1 Health Law). The MHA has specific exceptions to the laws of confidentiality (s.120A):

Penalties apply for the breach of confidentiality.

Information exchange between health professionals is now covered by the HRA 2001. The HRA 2001, the Information Privacy Act 2000 (Vic) and the PA 1988 allow a person to take action if their privacy is breached (see: Chapter 21*5 Privacy Rights).

All patients have the right to vote.

Patients have the right to receive visits and communications, but these rights may be limited if necessary for a patient's treatment.

If a patient brings personal possessions with them into hospital, they have a right to request storage for those possessions. The patient must obtain a receipt.