Your rights are important

Queensland's mental health laws set out the rights and responsibilities of people getting treatment and care for mental illness. This includes people getting voluntary or involuntary treatment at a Queensland authorised mental health service.

The Mental Health Act 2016 aims to improve and maintain your health and wellbeing in a way that safeguards your rights. It sets out your doctor and treating team's responsibilities and your rights to:

  • information about your treatment and care
  • make decisions about your treatment and care, if you're able to do so
  • communicate with others and have support persons
  • make a complaint or ask for a second opinion.
About the Mental Health Act 2016

Hospital treatment for mental illness

People most severely impacted by mental illness or experiencing a mental health crisis may need treatment and care at a hospital.

Being treated under the Mental Health Act 2016

Learn about your rights when receiving involuntary treatment, the 'less restrictive way' and supported decision making.

Independent patient rights advisers and support persons

Get free help, advice and support from an adviser about your rights under the Mental Health Act 2016 and learn about the rights and roles of support persons and nominated support persons.

Make a complaint or get a second opinion

If you have a concern about your treatment or care, you have a right to complain and get a second opinion. Learn more and find out how to get a second opinion.

Mental health rights guides and fact sheets

Find brochures and videos about your rights in treatment and care under the Mental Health Act 2016 including the patient statement of rights and brochures about the rights of support persons. There are also translated resources available in different languages.

Legal options and support

The following legal support services may be able to help you with legal advice for a mental health matter if you're eligible.

Lawright and Community & Health Justice Partnerships

Lawright may provide free legal advice and assistance to people with mental illness, their families and anyone dealing with an issue relating to mental health law. This includes Aboriginal and Torres Strait Islander peoples, refugees, and people experiencing domestic violence, mental illness or homelessness.

Legal Aid Queensland

Legal Aid Queensland may be able to provide legal advice if you've been charged with an offence and are diagnosed with a mental illness. If you're eligible, they may assist with matters before the Mental Health Court or Mental Health Review Tribunal.

Queensland Advocacy for Inclusion Mental Health Legal Service

If you're subject to involuntary treatment or have possible legal matters under the Mental Health Act 2016 the Queensland Advocacy for Inclusion may be able to help. They can provide referrals, advice and advocacy to eligible people for matters about forensic and treatment support orders or issues before the Mental Health Review Tribunal.

Youth Advocacy Centre

The Youth Advocacy Centre provides free confidential legal and social support to people under 17 who live in and around Brisbane. It can also provide support for bail matters for eligible young people charged with an offence.

The Advocacy and Support Centre (TASC)

The Advocacy and Support Centre can provide legal information, representation, advice and support to eligible people in south-west Queensland who have a mental illness, intellectual disability or acquired brain injury.

Queensland Law Society

If you need legal advice and representation, the Queensland Law Society website can help you find a lawyer or solicitor who specialises in mental health law.

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Understanding mental health

Learn more about mental health and how it can affect you or the people you care about.

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How to get help

Get help and support by finding mental health services and treatment options that are available around Queensland.