The Ministry has revised the guidance to the Mental Health (Compulsory Assessment and Treatment) Act 1992 (the Act), outlining the rights of compulsory mental health consumers and the obligations of mental health clinicians. This guidance is intended to promote the protection of compulsory mental health consumers’ rights by clarifying the responsibilities of mental health services and clinicians and offering guidance on how sections of the Act can be administered.
A number of key changes and emerging issues have been signalled in the revision of these Guidelines. In particular:
- the growing influence of rights-based approaches and how these can be better promoted within the parameters of the current Mental Health Act.
- the need to give greater emphasis to our obligations under Te Tiriti o Waitangi
- the impact of He Ara Oranga and, in particular, the feedback from people with lived experience and families and whānau on how they experience the current administration of the Mental Health Act.
Please also read the companion document to these guidelines, Human Rights and the Mental Health (Compulsory Assessment and Treatment) Act 1992, which offers guidance to thinking about and applying a human rights approach and supported decision-making when implementing the Act.