Groups with particular needs under the Mental Health Act - Cultural issues

The Mental Health Act specifies that the "religious, cultural and language needs" of patients be taken into account throughout the different stages of their care, control and treatment, and that they be informed of their legal rights and entitlements in the "language or terms that they are most likely to understand". These provisions are particularly important in relation to those with an Aboriginal or non-English speaking background. Non-English speaking background (NESB) clients: A number of recent studies have established that NESB consumers have higher rates of: involuntary admission; police involvement; electro-convulsant therapy (ECT); Community Treatment Orders (CTOs). This means that NESB consumers are subject to a relatively higher level of involuntary treatment under the Mental Health Act than those from English-speaking backgrounds. The implementation of practical measures to address language and cultural barriers throughout the assessment, admission and treatment process is essential. This can be achieved through the use of: interpreters; cross-cultural consultants. Interpreters must be used when necessary: to explain the person's rights under the Mental Health Act; to obtain informed consent to ECT; at Magistrate's inquiries and Mental Health Review Tribunal hearings. Interpreters or bilingual mental health professionals should be involved with: the examination process prior to admission as either a voluntary or involuntary patient; ongoing consultations with treating doctors; informing relatives about aspects of the person's care and treatment; the development of discharge plans; the operation and use of community orders. Even where language is not an obstacle, aspects of cultural difference may have a profound impact on assessment and treatment issues. The establishment of the Transcultural Mental Health Centre now makes the expertise of cross-cultural consultants much more readily available. It provides: information about cultural, political or religious aspects of a diagnosis; advice about a person who is reluctant to work with a mainstream professional; assessment from a cultural point of view; referral to community support services or bilingual mental health professionals; consultation on cross-cultural skills; conformation on diagnosis, approach and care plan.