Mental health and disability

About this section

Mental health and disability

Metal health and disability law deals with the interests, protections and rights of those with diminished capacity or disability, or those receiving care within the mental health system. 

Legal advice may be required if you or a loved one is suffering from mental health issues which require urgent intervention by mental health professionals. When an individual requires emergency treatment they may not always wish to be taken into care. In these situations, questions of an individual's rights to refuse care are very important. State-based mental health tribunals exist to protect the dignity and rights of those with mental illness. The mental health tribunals will determine whether the legal criteria for compulsory mental health treatment applies to a person, and may make orders to require a person have treatment. 

Another important concern for many people who deal with disability or diminished capacity is that of guardianship and informed consent. Guardianship may be granted to relative or loved one when it has been determined that an individual is unable to make certain important decisions for themselves due to mental incapacity. Guardianship allows for those who are close to an individual with mental health issues or disability to make important decisions on their behalf. In all states and territories a tribunal known as the Guardianship Board exists to determine questions of guardianship, and settle disputes concerning important decisions made on a person's behalf.

Do you have a legal problem?

Consult with hundreds of lawyers and receive answers

Consult a lawyer