NT Mental Health Services

People receiving treatment from NT Mental Health Services also have rights specifically outlined in the Mental Health and Related Services Act. These rights are outlined below.

Involuntary Admission to Hospital

A person admitted to hospital as an involuntary patient on the grounds of mental illness or mental disturbance has the following rights:

  • To be examined and assessed by a doctor within 24 hours (1 day) of admission. The person must then be examined and assessed every 72 hours (three days). 
  • To be provided with information about his or her legal rights, including the right to access legal representation and advocacy services. This information must be provided both orally and in writing within one day of the admission.
  • To have the admission reviewed by the Mental Health Review Tribunal within 14 days if admitted on the grounds of mental illness and 10 days if admitted on the grounds of mental disturbance.
  • To apply to the Mental Health Review Tribunal for an early review of the detention order. The Tribunal sits every Wednesday in Darwin and every Friday in Alice Springs. A person can apply to have an involuntary admission reviewed on the Tribunal’s next sitting day by speaking to their doctor, their nurse, their legal representative or a community visitor.
  • To legal representation during a review before the Mental Health Review Tribunal. Duty lawyers are available from legal aid services in Darwin and Alice Springs. The person is also able to request the services of a private solicitor. 
  • To request that a relative, friend or community visitor be present during the Tribunal hearing.
  • To appeal a decision of the Mental Health Review Tribunal to the Supreme Court.

Involuntary Treatment in the Community - (Community Management Order)

A person on a Community Management Order has the following rights:

  • To request an early Mental Health Review Tribunal review of the Order if it is an Interim Community Management Order (for 14 days).
  • To be provided with information about his or her legal rights, including the right to access legal representation and advocacy services. This information must be provided both orally and in writing.
  • To appear before the Mental Health Review Tribunal in the event of an application for a Community Management Order.
  • To legal representation during a review before the Mental Health Review Tribunal. Duty lawyers are available from legal aid services in Darwin and Alice Springs. The person is also able to request the services of a private solicitor. 
  • To request that a relative, friend or community visitor be present during the Tribunal hearing.
  • To appeal a decision of the Mental Health Review Tribunal to the Supreme Court.
  • To have the Community Management Order reviewed by the Mental Health Review Tribunal within six months.

Voluntary Admission to Hospital

Any person 14 years or over may be admitted to an inpatient facility voluntarily after a medical practitioner has made sure that the person is able to give informed consent to the admission. The person must then be examined by an authorised psychiatric practitioner within 72 hours (three days) of the admission.

To give informed consent to the admission and treatment, the person must be given:

  • A clear explanation of the assessment and any possible diagnosis and the purpose and if possible the duration of treatment
  • Information about the benefits and any risks of the proposed treatment\
  • Advice that consent to treatment can be withdrawn at any time
  • Advice that independent medical and legal advice can be obtained before giving consent.
  • Consent is given only if it is freely and voluntarily obtained, if the person understands the effect of giving consent and communicates this on the approved form.

Review of Voluntary Admissions

Any voluntary admission of 6 months or more must be reviewed by the Mental Health Review Tribunal.