When someone you care about is admitted to a mental health hospital unit, it can be very confusing and stressful.
This page provides information for close friends, family members, kinship groups and carers of a person with a mental illness. It summarises what to expect when a person is admitted to a mental health unit in NSW, what your rights are, and how you can access support.
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Both public and private hospitals admit patients for mental health care. Both public and private hospitals are subject to the Mental Health Act 2007 (NSW). Voluntary patients can be admitted to both public and private hospitals. Only declared mental health facilities (usually in public hospitals) can admit people who are involuntary patients.
A person can be admitted as a voluntary patient if an authorised medical officer believes they will benefit from treatment and they, or their guardian, give consent to be treated in a mental health unit (2).
Patients can be ‘reclassified’ from involuntary to voluntary by an authorised medical officer or the Mental Health Review Tribunal. Voluntary patients (or their guardian) in public hospitals are asked to sign a voluntary admission form.
Voluntary patients have the right to leave hospital any time they want. However, after requesting discharge, they can be detained for 2 hours to allow the authorised medical officer to determine if they should be reclassified as an involuntary patient (3).
If a person has been a voluntary patient for 12 months, they must be reviewed by the Mental Health Review Tribunal.
An “assessable person” and “involuntary patient” are detained in the mental health unit for treatment under the Mental Health Act (4). They can’t leave even if they want to.
A person is classified as an assessable person after they have been assessed as “mentally ill” or “mentally disordered” by an authorised medical officer or accredited person. In making that determination the medical officer must decide there are no other safe, less restrictive options for treatment. A second medical officer (and third if necessary) must assess a person and agree that they should be admitted and detained as an involuntary patient.
As the carer of a person being assessed you have the right to be informed. You also have the right to provide information you have to the health team completing the assessment.
For information on ‘Carer Rights’, visit our website here.
All people receiving treatment for a mental illness or disorder have a number of rights and these are listed in the Mental Health Act (5). This includes the right to receive care and treatment in the least restrictive environment enabling care to be effectively given.
All decisions to detain a person assessed as mentally ill must be reviewed by the Mental Health Review Tribunal. This will usually happen within 2-3 weeks.
For information on ‘Mental Health Review Tribunal’, visit our website here.
Try the following if you don’t agree that the person should be an involuntary patient:
If you are a designated carer or principal care provider staff must consult with you (unless it is not possible to do so) about:
You must be notified when the person is discharged and informed about any follow-up care that will be provided.
You may like to raise any concerns you have firstly with the treating team.
If unresolved you can ask Official Visitors to visit the person in a hospital and to advocate for them and you.
You can make a complaint to the Patient Liaison Officer allocated to the hospital or Local Health District. You can find contact details on the website of the hospital or Local Health District.
The Health Care Complaints Commission will also investigate your complaint about health care providers.
More information and support is available at:
You can access all our brochures here.
(1) The word “patient” is used in the Mental Health Act 2007 (NSW)
(2) Section 5, 6 and 7 of the Mental Health Act 2007 (NSW)
(3) Section 10(3) of the Mental Health Act 2007 (NSW)
(4) Section 9(1) of the Mental Health Act 2007 (NSW)
(5) Section 68 of the Mental Health Act 2007 (NSW)