Queensland Consolidated Acts

MENTAL HEALTH ACT 2000 - SECT 8

(1) The following principles apply to the administration of this Act in relation to a person who has a mental illness—

(a) Same human rights

• the right of all persons to the same basic human rights must be recognised and taken into account

• a person's right to respect for his or her human worth and dignity as an individual must be recognised and taken into account

(b) Matters to be considered in making decisions

• to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person's life, especially decisions about treatment

• to the greatest extent practicable, in making a decision about a person, the person's views and the effect on his or her family or carers are to be taken into account

• a person is presumed to have capacity to make decisions about the person's assessment, treatment and choosing of an allied person

(c) Provision of support and information

• to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, facilitating access to independent help to represent the person's point of view

(d) Achievement of maximum potential and self-reliance

• to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance

(e) Acknowledgement of needs

• a person's age-related, gender-related, religious, cultural, language, communication and other special needs must be taken into account

(f) Maintenance of supportive relationships and community participation

• the importance of a person's continued participation in community life and maintaining existing supportive relationships are to be taken into account to the greatest extent practicable, including, for example, by treatment in the community in which the person lives

(g) Maintenance of environment and values

• to the greatest extent practicable, a person's cultural and linguistic environment, and set of values (including religious beliefs) must be maintained

(h) Provision of treatment

• treatment provided under this Act must be administered to a person who has a mental illness only if it is appropriate to promote and maintain the person's mental health and wellbeing

(i) Confidentiality

• a person's right to confidentiality of information about the person must be recognised and taken into account.

Editor's note—

See chapter 14 (Enforcement, evidence and legal proceedings), part 5 (Confidentiality).

(2) The principles stated in the Forensic Disability Act, section 7 apply to the administration of this Act in relation to persons with an intellectual disability as if—

(a) a reference in that section to the Forensic Disability Act were a reference to this Act; and

(b) a reference in that section to care and support were a reference to care.