Department of Health

Safeguards, protection of rights and complaints

Safeguards to protect the rights and dignity of people living with mental illness or psychological distress.

Key messages

  • The Mental Health and Wellbeing Act 2022 includes a range of safeguards to protect the rights and dignity of people living with mental illness or psychological distress.
  • The mental health and wellbeing principles of the Act include a dignity and autonomy principle.
  • This principle says the rights, dignity and autonomy of a person living with mental illness or psychological distress is to be promoted and protected and the person is to be supported to exercise those rights.

This section of the handbook relates to safeguards, protection of rights and complaints processes.

The Act has strengthened safeguards that align with the dignity and autonomy principle.

The Act also allocates specific roles in safeguarding the rights of people receiving mental health and wellbeing services. These include:

  • the Mental Health Tribunal
  • Community visitors
  • the complaints handling and investigation functions of the Mental Health and Wellbeing Commission.

Reviewed 13 August 2023

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