Assisting consumers to exercise their rights

Although the NSW Mental Health Act 2007 makes provision for a variety of rights, it will often be difficult, if not impossible for the person to exercise these rights without assistance. It is therefore important to consider who is in the best position to provide such assistance. In some cases this may be the staff of the declared mental health facility or the community mental health team. In other cases it may be more appropriate to involve someone outside the treating team. Where the person is from a non-English speaking background or Aboriginal background, cross-cultural consultants and Aboriginal health workers have a particularly important role to play. This post looks at some of the individuals and agencies who may be involved in: assisting consumers to exercise their rights; handling customer complaints. Mental Health Advocacy Service: The Mental Health Advocacy Service is part of the Legal Aid Commission of NSW. It provides: a free telephone advice service on mental health law. It also provides free representation in the following circumstances: a magistrate's inquiry; a Tribunal Hearing into an extension of a Temporary Patient Order (TPO); a Tribunal Hearing into the care of a Continued Treatment patient; an appeal to the Tribunal (MHRT)over the medical superintendent's refusal to discharge a patient from a declared mental health facility; a Magistrate or Tribunal Hearing into a Protected Estates Order; all forensic hearings. In other cases a merit and/or a means test is applied. It is the lawyers role to act on their client's instructions, and to ensure that the procedures and rights set out in the Mental Health Act 2007 are respected. Patient Liaison Officers: Each of the Area Health Services now has a designated staff member who is the Patient Liaison Officer (PLO). In the Sydney South West Area Health Service the PLO for the south-west cluster of mental health facilities is located at the Mental Health Unit at Liverpool Hospital. The role of the PLO is to receive and manage complaints (or compliments) from persons who have had involvement with the Area's Mental Health facilities and staff. It is not the role of the PLO to defend the service but their role is to receive, process and manage the complaints or suggestions in order to improve the way in which the particular service provides a mental health service, care or treatment to patients and primary carers or family members. Official Visitors: Official Visitors (Mental Health) are appointed by the NSW Minister for Health to visit the mental health facilities within each Area Health Service. They visit psychiatric hospitals and wards, both public and private, at least once a month, and community mental health care agencies at least once every six months. Official Visitors:inspect the records and facilities of hospital and mental health care agencies make inquiries into the care, treatment and control of voluntary and involuntary patients make inquiries into the care, treatment and control of those who are under Community Orders; report to the Principal Official Visitor and the Minister on their impressions and findings. A patient or a person under a Community Order may ask to see an Official Visitor at any time. The declared mental health facility or community mental health service must pass on the request within two days.Hospitals and agencies are to facilitate consumers making direct contact with Official Visitors by: displaying a poster about the role of Official Visitors with a telephone number on which they can be contacted providing a locked box in an accessible area where confidential messages can be left. NSW Health Care Complaints Commission (HCCC): The NSW Health Care Complaints Commission is an independent body established by the NSW Government to investigate and prosecute complaints made against health service providers, and to provide information to health consumers about their rights. The Commission has the power to investigate a wide range of matters including: an aspect of treatment, individual rights such as privacy and inappropriate behaviour or administration or a hospital, nursing home, community health centre, private clinic or any other place that administers health care; the care and treatment a person receives from a health practitioner. The Health Care Complaints Commission also employs Patient Support Officers. They do not investigate complaints. Their role is to: provide information about health rights; provide information on complaint resolution options; provide information on health support services; generally assist the person to resolve their problem at the local level. Consumer representatives: The development of consumer networks throughout the mental health system is a relatively recent development. In some areas of NSW consumer representative training has started, and new ways of working together are gradually being established. As these networks develop, consumer representatives have taken on new roles in providing support and advocacy.