The Mental Health Act 2014 establishes a supported
decision-making model that will enable and support compulsory patients
to make or participate in decisions about their treatment and determine
their individual path to recovery. Legal mechanisms in the Act that
enable supported decision making include a presumption of capacity,
advance statements, nominated persons and the right to seek a second
psychiatric opinion.
These mechanisms will promote best practice and facilitate
optimal communication between practitioners and people with mental
illness and their families and carers, leading to improved treatment
outcomes and recovery. The Act also provides a legislative framework
that supports the ongoing development of recovery-oriented practice in
the public mental health service system.