The impact on clinical practice of the 2015 reforms to the New South Wales Mental Health Act

Abstract

Objectives:

The Mental Health Act 2007 (NSW) (MHA) was recently reformed in light of the recovery movement and the United Nations Convention on the Rights of Persons with Disabilities. We analyse the changes and describe the impact that these reforms should have upon clinical practice.

Conclusions:

The principles of care and treatment added to the MHA place a strong onus on clinicians to monitor patients’ decision-making capacity, institute a supported decision-making model and obtain consent to any treatment proposed. Patients competently refusing treatment should only be subject to involuntary treatment in extraordinary circumstances. Even when patients incompetently refuse treatment, clinicians must make every effort reasonably practicable to tailor management plans to take account of any views and preferences expressed by them or made known via friends, family or advance statements.

Keywords

mental competency human rights “commitment of mentally ill”legislation medical United Nations

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