Involuntary hospitalisation

When you may have been involuntarily detained in hospital

Doctors can keep you in hospital, even if you want to leave, if they believe:

• you are mentally ill or mentally disordered, and 
• you need to stay in hospital to get appropriate care and treatment. 

Upon arrival at a mental health facility, involuntary patients must be given a written statement of their rights as well as a verbal explanation of those rights, which are set out in the legislation.

You must be seen by a facility doctor not later than 12 hours after you arrive at the mental health facility.

If you are a person who is already in a mental health facility as a voluntary patient, and you have been told you are now to be kept in the facility against your will, you must be seen by a facility doctor not later than 12 hours after it is decided to keep you in the facility.

How long you can be detained

If you are found to be a mentally disordered person, you can only be kept in a mental health facility for up to three days, not including weekends and public holidays from the date on which a second doctor, a psychiatrist if the first one was not, has certified you as mentally disordered.

During this time you must be seen by a doctor at least once every 24 hours. You may be examined or observed by audio visual link in some situations. The doctor will then complete the clinical assessment about your mental state.

You can't be detained as a mentally disordered person more than three times in any month.

If you are found to be a mentally ill person, you will be kept in the mental health facility until you see the Mental Health Review Tribunal who will hold a mental health inquiry to decide what will happen to you. A mental health inquiry must be held as soon as practicable, usually 7-14 days after you were detained in hospital.

The Tribunal will decide whether or not you are a mentally ill person and if you need to stay in hospital. If the Tribunal decides you need to stay in hospital, you are an involuntary patient. If the Mental Health Review Tribunal decides that you are not a mentally ill person, you must be let out of the mental health facility.

Getting a lawyer

You must be represented by a lawyer at a mental health inquiry unless you do not want to be represented.

A Legal Aid lawyer from the Mental Health Advocacy Service will always be available to represent you before your first hearing at the Mental Health Review Tribunal when you are involuntarily detained. A lawyer will contact you before your hearing, usually on the day before. If your hearing is in the afternoon, you may be contacted by your lawyer on the morning of the hearing.

If you want someone other than a lawyer to represent you, you can ask the Mental Health Review Tribunal and they can decide if that person can represent you.

You can tell the Tribunal what you want or have your lawyer tell the Tribunal what you want.

Getting discharged

The doctor can discharge you at any time even if the Mental Health Review Tribunal have made an order allowing you to be detained or before you see the Mental Health Tribunal. The doctor must discharge you if you are no longer a mentally ill or mentally disordered person.

You, a carer, friend or relative, may at any time ask the medical superintendent or another authorised medical officer to let you out. You must be let out if you are not a mentally ill person or a mentally disordered person, or if the medical superintendent or another authorised medical officer thinks that there is other appropriate care reasonably available to you. 

Appealing to the Mental Health Review Tribunal

You, a carer, friend or relative, may at any time ask your doctor to discharge you. If your doctor refuses or does not respond to your request within three working days you, a carer, friend or relative, may lodge an appeal with the Mental Health Review Tribunal.

You will be given a notice setting out your appeal rights.