Your Rights and Choices
Everyone who uses GV Health Mental Health and Wellbeing Services has rights. These rights are there to protect your dignity, your choices and your voice, and to make sure you are treated with respect at every step of your care.
Mental health care in Victoria is provided under the Mental Health and Wellbeing Act 2022. This law is built around supporting your recovery, involving you in decisions about your care, and using the least restrictive options possible. You have the right to be heard, to be informed, and to have the people who matter to you involved.
This page explains your rights and the choices available to you, and points you to trusted Victorian services that can support you to understand and use them. You never have to work through these things on your own – support is always available.
What are my rights when I use a mental health service?
While you are receiving mental health care, you have the right to:
- be treated with respect, dignity and without discrimination
- be involved in decisions about your treatment and care
- receive clear information about your treatment, in a way you understand
- have your culture, identity, values and preferences respected
- access an interpreter if you need one
- have family, carers or a trusted person involved, if you choose
- access independent advocacy and support
- make a complaint without it affecting your care.
You will be given a “statement of rights” at key points in your care. This explains your rights and what to expect.
Learn more: Statement of rights and the Act — Mental Health and Wellbeing Act 2022 Handbook
Can I make decisions about my own care?
While you are receiving mental health care, you have the right to:
- be treated with respect, dignity and without discrimination
- be involved in decisions about your treatment and care
- receive clear information about your treatment, in a way you understand
- have your culture, identity, values and preferences respected
- access an interpreter if you need one
- have family, carers or a trusted person involved, if you choose
- access independent advocacy and support
- make a complaint without it affecting your care.
You will be given a “statement of rights” at key points in your care. This explains your rights and what to expect.
Learn more: Statement of rights and the Act — Mental Health and Wellbeing Act 2022 Handbook
Can I ask for a second opinion?
Yes. You can ask for a second psychiatric opinion at any time. A second opinion can help you better understand your condition and treatment, and take part in decisions about your care.
You can ask another psychiatrist at the service, a private psychiatrist, or contact the free and independent Second Psychiatric Opinion Service.
Contact: Second Psychiatric Opinion Service — 1300 503 426 • www.secondopinion.org.au
Can I get independent advocacy and support?
Yes. Independent Mental Health Advocacy (IMHA) provides free, independent advocacy for people receiving, or at risk of receiving, compulsory mental health treatment.
An advocate can help you:
- understand your rights and options
- have your voice heard
- prepare for meetings or the Mental Health Tribunal
- speak up about your treatment and preferences.
IMHA is independent of GV Health, and using it is your choice.
Contact IMHA: 1300 947 820 (7 days, 9:30am–4:30pm) • www.imha.vic.gov.au • Free audio recording of your rights: 1800 959 353
What is the Mental Health Tribunal?
The Mental Health Tribunal is an independent body that makes decisions about compulsory treatment. If a treatment order is being considered for you, the Tribunal will hold a hearing.
At a hearing you have the right to:
- attend and have your say
- have a support person or advocate with you
- access legal representation
- receive information about the decision.
Independent advocacy (IMHA) and legal help (Victoria Legal Aid) can support you to prepare.
Learn more: Mental Health Tribunal • Legal help — Victoria Legal Aid
Can my family and carers be involved?
Yes, with your consent. Families, carers and supporters play an important role in recovery, and they have rights too.
With your agreement, the people who matter to you can:
- be involved in your care and planning
- receive information and support
- be included in meetings and discharge planning.
Carers can also access their own support and information, and can raise concerns with the service.
Support for carers: Tandem — support, information and advocacy for families and carers • Carer Gateway — 1800 422 737
What is an advance statement of preferences?
An advance statement of preferences is a document you can make while you are well, to say what you would like to happen if you become unwell and need treatment in the future.
It can include:
- the treatment and care you prefer
- the treatment you would rather avoid
- things that help you when you are unwell
- who you want involved, and other personal preferences.
Your treating team must consider your advance statement of preferences when making decisions about your care.
Learn more: Advance statements of preferences
Can I choose someone to support me? (Nominated support person)
Yes. You can appoint a nominated support person — someone you trust to support you and help make sure your views and preferences are heard if you receive compulsory assessment or treatment.
A nominated support person can:
- receive information about your treatment
- be consulted about decisions
- help you understand and express what you want
- support you to exercise your rights.
You choose who this person is, and you can change your mind at any time.
Learn more: Nominated support persons
What if I have a concern or want to make a complaint?
You have the right to raise concerns or make a complaint, and this will not affect your care.
You can start by speaking with your treating team or the ward staff. If you would prefer, or if the concern is not resolved, you can contact GV Health’s feedback service, or make a free and confidential complaint to the independent Mental Health and Wellbeing Commission.
Contact:
- GV Health Feedback — org.au/about/feedback
- Mental Health and Wellbeing Commission — 1800 246 054 (Mon–Fri, 9:30am–3:30pm) • mhwc.vic.gov.au
- IMHA can also support you to raise concerns — 1300 947 820
Where can I get more support and information?
Understanding your rights can feel overwhelming. These independent Victorian services can help you learn more, have your voice heard, and get support.
- Independent Mental Health Advocacy (IMHA) — free advocacy — 1300 947 820 — vic.gov.au
- Victoria Legal Aid — mental health and your rights — vic.gov.au
- Victorian Mental Illness Awareness Council (VMIAC) — lived experience advocacy and information — org.au
- Tandem — support and advocacy for families and carers — org.au
- Mental Health and Wellbeing Commission — complaints — 1800 246 054 — vic.gov.au
- Second Psychiatric Opinion Service — 1300 503 426 — org.au
- Office of the Public Advocate — advocacy and guardianship — 1300 309 337 — vic.gov.au
What is the Mental Health and Wellbeing Act 2022?
The Mental Health and Wellbeing Act 2022 is the law that guides how mental health care is provided in Victoria. It began on 1 September 2023.
The Act is designed to:
- promote your recovery, dignity and autonomy
- support you to make decisions about your own care
- reduce the use of compulsory treatment and restrictive practices
- recognise the role of families, carers and supporters
- protect the rights of people receiving care.
Most people receive mental health care voluntarily. In some situations, a person may receive compulsory treatment — the Act sets strict rules and safeguards for when this can happen.
Learn more: About the Mental Health and Wellbeing Act 2022 • Plain-language rights information from Victoria Legal Aid
What if I need help right now?
If you or someone else is in immediate danger, call 000 now.
For urgent mental health advice or support, call: GV Health Mental Health Triage
1300 369 005
Available 24 hours a day, 7 days a week
You can also contact:
- Lifeline — 13 11 14 (24-hour crisis support)
- Suicide Call Back Service — 1300 659 467
- 13YARN — 13 92 76 (crisis support for Aboriginal and Torres Strait Islander people)
If you need an interpreter, let staff know and one can be arranged.
- ADDRESS
Goulburn Valley Area Mental Health Service
Monash Street
Shepparton, 3630
Beta Street
Seymour, 3660
- CONTACT
- REFERRALS
For referrals please contact Mental Health triage 1300 369 005