Disability Strategies - Legal aid for people wanting help or advice about mental health matters

The Mental Health Advocacy Service (MHAS) provides free legal advice and assistance about mental health law. We represent people in hearings that relate to their detention and treatment in hospitals and the community, and the management of their money. We now also provide representation for people with other disabilities before the Guardianship Tribunal.

How can the Mental Health Advocacy Service assist you?

If you have been taken to hospital against your wishes, you will either be discharged after examination or brought before a magistrate. A solicitor can present your case to the magistrate.

A solicitor can also advise you about:

appeals

your rights regarding medication and treatment

your financial affairs

The Mental Health Review Tribunal

Community Treatment Orders

Community Counselling Orders.

We provide legal representation to people in the following types of hearings:

all patients appearing before Magistrates in psychiatric hospitals.

temporary patients appearing before the Mental Health Review Tribunal (MHRT) to have their order extended.

temporary patients appearing before the MHRT to be made continued treatment patients.

temporary and continued treatment patients appearing before the MHRT to have a Protective Estates Act order made.

forensic patients appearing before the MHRT.

incapable persons appearing before the Guardianship Tribunal (subject to request).

Subject to eligibility tests, we also represent the following people:

patients wanting to appeal against their detention in hospital

people wanting to appeal against decisions of the MHRT or Guardianship Tribunal

people other than the incapable person appearing before the Guardianship Tribunal.

In many cases, free representation for these matters can be provided by the Service.

What form does legal representation take?

Legal representation means advocating for the patients wishes. This may mean opposing the opinions of treating doctors or relatives. It is important that the patients view is presented to the person making the decision as well as the view of the medical professionals. The law provides that orders may be made compelling people to have treatment against their wishes. Legal representation is intended to ensure that these orders are not made unless the need for them is properly established.

How do you get in touch with the MHAS?

Solicitors from MHAS, or private solicitors (arranged by MHAS) attend each hospital in New South Wales that has involuntary or temporary patients. If you are seeing the magistrate, a solicitor will come to see you first. You do not have to make a request to see the solicitor.

A solicitor will also visit you if you are detained in hospital and will be seeing the Mental Health Review Tribunal about:

extending your temporary order

being classified as a continued treatment patient

having your financial affairs managed by the Protective Office

your appeal.

You may telephone a solicitor at MHAS if you are unsure of what is happening to you. We will pay for the call if you are outside Sydney.

People seeking representation before the Guardianship Tribunal need to contact the MHAS and request representation. This can be done by telephone.

If you are not in hospital, the MHAS may still be able to help you.
Telephone advice is available for all areas of mental health law. If you are unsure whether we can help, give us a call anyway. We may be able to refer you to the right place for your problem.

Relatives and friends are also welcome to call us for advice.

Do you need an interpreter?

If you are deaf or speak a language other than English, the hospital can arrange an interpreter for your meetings with the doctor, legal visits and hearings.

The MHAS can arrange an interpreter for office interviews. Please phone the MHAS at least one week before your office interview so an interpreter can be arranged. We will accept reverse charge calls if necessary.

Mental Health Advocacy Service (MHAS)
Level 4, 74-76 Burwood Road
BURWOOD NSW 2134
(02) 9745 42777