The My Rights, My Decisions program supports consumers to express their views and preferences about their mental health treatment, care and support. Based on the Mental Health Act 2015 (ACT), the program helps consumers to be empowered and express themselves while they have decision-making capacity, so that their views are taken into account by their treating team if they have reduced decision-making capacity in the future.
A My Rights, My Decisions Form Kit has been developed in consultation with mental health consumers, ACT Health, ACT Disability, Aged and Carer Service, Carer’s ACT, Legal Aid ACT and the ACT Human Rights Commission.
The Form Kit contains three parts and you may choose to complete one or more part:
Nominated Person form – A Nominated Person is someone you choose to help you make and express your decisions, be consulted and receive information about you and your treatment: to be signed by you and your Nominated Person
Advance Agreement form – Here you can say what your treatment preferences are and what should happen at home with your dependants, pets, bills and so on, and any relevant information about you, such as languages you speak: to be signed by you, a representative of your treating team, and your Nominated Person if you have one
Advance Consent Direction form – Here you can say what treatments you agree to or do not agree to, including medications, and who you do or don’t want to receive information about you when you don’t have capacity to decide: to be signed by yourself, a representative of your treating team, and one or two witnesses (refer to Form Kit about who can be a witness)
Click here to access the My Rights, My Decisions Form Kit (updated 25 February 2021).
Please note that you do not submit the Form Kit to the ACT Mental Health Consumer Network (the Network). Information on the back of the Form Kit provides instructions for your treating team about where and how to record your forms.
The Network holds free workshops to provide information about your rights under the Mental Health Act 2015 (ACT), and to support you to complete a draft of these forms ready for discussion, agreement and sign off by your treating team representative. To find out when the next upcoming workshops will be held, please send an email to firstname.lastname@example.org
Please note that you can only complete the forms when you have decision-making capacity, and that you can have support to complete them if required. In addition, the treating team representative who discusses the content of your Advance Agreement and Advance Consent Direction with you must do so within their scope of practice. For example, if your forms refer to medications and medical treatments, they must be discussed with a clinician such as a psychiatrist or a general practitioner.
The views you express in these forms will be taken into consideration by your treating team if you have reduced decision-making capacity in the future, but please note that:
a) Appointment of a Nominated Person can be ended by the person you appointed at any time, or by the Chief Psychiatrist in limited circumstances;
b) Your treating team may override your treatment preferences in your Advance Agreement if they are not reasonably practicable to follow; and
c) Your Advance Consent Direction consents may be overridden in a mental health emergency, or if your treating team applies to the ACT Civil and Administrative Tribunal (ACAT) and ACAT agrees.