MHCN mental health carers nsw mental health carers nsw mental health carers nsw MHCN

CARER RIGHTS WHAT YOU NEED TO KNOW ABOUT: DESIGNATED CARERS & PRINCIPAL CARE PROVIDERS

CONTACT US

Mental Health Carers NSW (MHCN) Suite 501, Level 5, 80 William St, Woolloomooloo, NSW, 2011 P: 1300 554 660 P: 02 9332 0777 W: www.mentalhealthcarersnsw.org E: arafmi.admin@arafmi.org Funded by the NSW Mental Health Commission

RECOGNISED CARER RIGHTS

The ‘designated carers’ and ‘principle care pro-viders’ have to be advised by mental health ser-vices about key information in regards to the consumer’s treatment and should be included in admission and discharge planning The mental health assessment process also re-quires clinicians to seek and consider the views of the consumers and carers as well as those treating and monitoring the individual when de-termining diagnosis and support needs (s68(j)). This includes information like: • Whether an individual should be detained in

a mental health facility (s72B); • Other incidents of treatment (sections 75, 75

and 78); • Ongoing involuntary treatment in the com-

munity (CTO) (s57(4)(b)); or • Discharge and treatment planning (s 79). For more information on mental health carer rights visit: • http://mhrm.mhcc.org.au/home/ • https://www.carersnsw.org.au • www.ovmh.nsw.gov.au

DESIGNATED CARERS

Anyone receiving care under the Mental Health Act, (including voluntarily or under a Communi-ty Treatment Order, or CTO) can have a carer recognised. The Mental Health Act (NSW) recognized ‘Designated Carers’ in 2014, (formerly ‘Primary Carers’ in 2007) . S 71 defines the ‘Designated Carer’ as a person who is: • The guardian or parent of a child, or • The person nominated in writing as the Pri-

mary Carer, if the consumer is over the age of 18; or

• A person providing care on an unpaid basis Under the Act the consumers’ rights include: • The right to nominate up to two Designated

Carer (s 72) • The right to exclude someone from receiv-

ing information about their case (s72(2)).

The Mental Health Act (NSW) first recognized ‘Principal Care Providers’ in 2014. S 72A defines Principal Care Providers as ‘the individual who is primarily responsible for providing support or care to the person (other than wholly or substantially on a commercial basis).’ This person may be identified by the Authorised Medical Officer or Director of Community Mental Health Services, s72A(2) While some one who has been excluded by the consumer cannot be nominated (72A(3)) there are limitation on this.

PRINCIPAL CARE PROVIDERS

There are limits on the ability of consumers to ex-clude carers from recognition or information if: • there are reasonable grounds for believing that

the consumer at the time lacks capacity to make such decisions; and/or ,

• such an exclusion would increase the risks to the consumer or carer.

In such cases the request to exclude a carer may be placed on hold (s72(7)(a) & (b)). Once the consumer has regained capacity (or the risks abated), the matter can be revisited with the consumer .

Services are not required to appoint a person as the principal care provider or to give or withhold infor-mation from the principal care provider, if they rea-sonably believe that to do so may put the consumer or carer at risk of serious harm (section 72A(4)). To become a designated carer, you can fill in the Nomination of Designated Carer (s) form, and hand it to the treating team.

EXCLUSIONS OF CARERS UNDER THE NSW MH ACT

Official Visitors Program 1800 208 218: aims to safeguard standards of treatment and care and the rights and dignity of people being treated under the NSW Mental Health Act 2007 while maintaining an independent community perspective.