Know your rights
Queensland's mental health laws set out the rights and responsibilities of people getting treatment and care for mental illness. This includes people getting voluntary or involuntary treatment at a Queensland authorised mental health service.
The Mental Health Act 2016 aims to improve and maintain your health and wellbeing in a way that safeguards your rights and has three main purposes. These are called the objects of the Act:
- Improve and maintain the health and wellbeing of people who have a mental illness who can't consent to treatment.
- Divert people from the criminal justice system if a court finds them unfit for trial or of unsound mind.
- Protect the community if a person who has been diverted from the criminal justice system is at risk of harming others
You can learn more about the Mental Health Act 2016 on the Queensland Government website or view the Statement of Rights.
Legal support
The following legal support services may be able to help you with legal advice for a mental health matter if you're eligible.
- Legal Aid - Legal Aid Queensland helps financially disadvantaged people with criminal, family and civil law matters. If eligible, they may assist with matters before the Mental Health Court or Mental Health tribunal
- Queensland Advocacy for Inclusion – Provide referrals, advice and advocacy to eligible people for matters about forensic and treatment support orders or issues before the Mental Health Tribunal. They also have fact sheets, forms and useful information on patient rights
- Youth Advocacy Centre – provide free confidential legal and social support to people under 17 years of age who live in and around Brisbane
- Community Legal Centres - Community legal centres are independent, community organisations providing equitable and accessible legal services
- The Advocacy and Support Centre - provide free legal services and advocacy support to people in South East Queensland. They also offer disability and mental health advocacy services
Getting support outside the law
There’s no doubt about it - dealing with legal issues can be stressful. If you feel like things are starting to get on top of you, it’s a good idea to get some support.
A range of organisations nation-wide provide crisis support or mental health resources.
Whether you’re looking for mental health support for yourself, someone you care about, or just trying to improve your wellbeing, Head to Health is a good place to start. Head to Health is an Australian Department of Health initiative bringing together comprehensive information about apps, online programs, online forums and phone services of respected Australian mental health organisations.
1300 MH CALL (1300 642 255) is a confidential mental health telephone triage service that provides the first point of contact to Queensland Health mental health services.
You can also call the following crisis and support helplines, 24 hours a day, 7 days a week.
- Lifeline: 13 11 14
- Kids Help Line: 1800 55 1800
- 13YARN:13 92 76 to talk with an Aboriginal or Torres Strait Islander Crisis Supporter
If you or someone you know needs immediate help call Triple Zero (000) or go to your nearest emergency department.
Online mental health resources
If you would prefer to access support online, there are several online services and treatment programs, many of which are offered either free of charge or at reduced cost.
- Beyond Blue – Mental health information and support including access to a trained mental health professional via phone, text or email, and online supportive forums.
- Black Dog Institute – Mental health research, information and support.
- Minds Count Foundation - An independent, charitable organisation with the objective of decreasing work-related psychological ill-health in the legal community and promoting workplace psychological health and safety.