A guide to the Mental Health Act 2016 (the Act) has been developed to help you understand the Act and of your rights and responsibilities if you are under the Act. The guide summarises key areas of the Act and provides references for those who want to refer to the legislation for a more detailed understanding.
You can also read the overview resources and watch the introduction to the Act video, which explain the key features and provisions of the Act.
Objects and principles
The Mental Health Act 2016 has 3 main objects:
- to improve and maintain the health and wellbeing of persons who have a mental illness who do not have the capacity to consent to be treated
- to enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of committing an unlawful act or to be unfit for trial
- to protect the community if persons diverted from the criminal justice system may be at risk of harming others.
The Mental Health Act 2016 is built around two sets of principles - one set applies to persons who have, or may have, a mental illness and the other applies to victims of an unlawful act.
The principles for persons who have, or may have, a mental illness are outlined in the objects and principles fact sheet.
The principles for victims of an unlawful act are outlined in the support for victims fact sheet.
Your rights in treatment
Find out about how your rights are protected when undergoing treatment for a mental health issue.
Independent Patient Rights Advisors are available to provide advice to people who have been diagnosed with a mental illness and are currently receiving treatment through Gold Coast Health
You can also visit the Queensland Health Your rights in treatment page for more information.
Chief Psychiatrist
The Chief Psychiatrist is responsible for:
- exercising the statutory responsibilities of the Chief Psychiatrist for the purpose of the administration of the Mental Health Act 2016 (the Act)
- consultation and specialist advice regarding the clinical care and treatment of people with mental, behavioural and neurodevelopmental disorders, with a particular focus on those receiving services within Queensland Health’s mental health alcohol and other drug (MHAOD) services.
The Office of the Chief Psychiatrist (OCP) strives to improve outcomes and promote recovery for, and rights of, consumers with substance use disorders and other mental health disorders. It provides support, advice and direction to MHAOD services in providing clinical care. More information.
