Monday, July 20, 2009

Primary Carers, relatives and friends

While the rights outlined in the NSW Mental Health Act 2007 still relate primarily to the patient/consumer, there is now a strong reference to the role of the designated primary carer or other family members in the care, planning and treatment of the person with the mental illness. In every case, as relatives and friends often play a major role in the person's ongoing care it is important to involve and inform them in appropriate ways wherever possible. This can sometimes require a balancing act between the patient's rights to privacy and confidentiality and the genuine interests of other parties. The involvement of families is specifically encouraged in the case of Aboriginal patients, and particular consideration must be given to seeking advice on involving the families of patients of non-English speaking background (NESB). Right to information: Where a person is to have the issue of their involuntary detention considered by a magistrate, the designated primary carer, relatives and/or friends must be notified unless the detained person objects. In some circumstances there may be a need to consider exceptions to this patient right of privacy and confidentiality. Right to apply for discharge: The designated primary carer, or a relative or friend of a Temporary or Continued Treatment patient may apply at any time, either orally or in writing, to the medical superintendent for the patient's discharge. The patient may be discharged if: the designated primary carer, relative or friend gives a written undertaking that the patient will be properly taken care of, and; the medical superintendent is satisfied that adequate measures will be taken to prevent the patient causing harm to self or others. Where the medical superintendent refuses to discharge the person the designated primary carer, relative or friend may appeal to the Mental Health Review Tribunal (MHRT).

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