There are State and Commonwealth Legislations that recognise and protect Carers and Support Person’s rights.
Quick Links
Overview of your rights
The principles of the Mental Health Act 2016 explain:
“To the greatest extent practical, Families, Carers and other Support Persons of a person who has a Mental Illness are to be involved in decisions about the person’s treatment and care, subject to a person’s privacy”.
These legislations recognise the valuable contribution that Carers and Support Person’s have to the people that they care for, which benefits the economic and social wellbeing of the whole community.
- Overview of your Rights
- Confidentiality and Information Sharing
- If you feel like your Rights are being ignored
- Legal Information for Formal Carers
Overview of Carer/Support Person Rights
Carers and Support Person’s have the right to:
Inclusion
- Be recognised and participate in the delivery of services that are provided to the person they support.
- Receive accurate and timely information that impacts the caring role in line with privacy and confidentiality.
- Views, needs and feedback of Carers and Support Person’s to be considered.
Be Recognised
- For their unique Knowledge/Experience.
- As individuals with their own needs.
Respect
- Treated with Dignity and Respect.
- Their role in the journey of the person they provide care to valued.
Confidentiality and Information Sharing under the Mental Health Act 2016
The Mental Health Act (2016) outlines key provisions for information to be shared with and by Carer/Support Person’s to assist them with their caring role within the boundaries of consumer consent.
However, the requirement to share information with the Carer or Support person does not apply if:
- The person they care for requests for the communication to not take place, at a time when they have the capacity to make that decision.
- The Carer or Support Person is not readily available or willing for the communication to take place.
- The communication with the Carer Support Person is likely to be detrimental the health and wellbeing of person that care is provided to.
If a Carer/Support Person does not have consent to receive information from the person they provide care to, they (Carers and Support Person’s) are still entitled to basic information and education about Mental Health and Social Emotional Wellbeing.
Quick Links:
- QLD Health Mental Health Act 2016 Fact Sheet – Rights of Family, Carers and Other Support Persons
- QLD Health Mental Health Act 2016 Guide to Patient Rights
If you feel as though a service provider has not valued your rights as a Carer/Support Person there are certain steps you can take.
- Raise your concerns with the Service Provider through feedback
- Provide a Formal complaint with the Service Provider
It is important that you initially raise your concerns to the Service Provider so that you have the opportunity to resolve the issue. However, if you are unhappy and feel as though your concern is not resolved you can raise your concerns to a relevant Government authority or agency.
For more information about giving feedback and raising your concerns click here –
Legal Powers for Formal Carers
There may be times when Carers or Support Person’s have a more formal role in supporting someone experiencing Mental Health or Social Emotional Wellbeing concerns which means there are certain legal powers and responsibilities depending on the role and the person they care for.
If you are caring for a child
Responsibilities depend on whether the child you are caring for is yours or not:
- If you are a parent caring for your child you are legally responsible for their care and welfare until they are 18 years old.
- If your an adult caring for a child who is not your own there may be certain legal orders in place such as a custody order, guardianship order, or permanent care order.
If you are caring for an adult
You can have different responsibilities depending on what sort of help the person you provide care and support to needs, the types of legal powers can be:
- Power of attorney
- Guardian
It is important to know that these legal powers have to be appointment further information regarding them are below.
Guardianship
A guardian is appointed when the person who receives care and support can not manager their own health affairs and living arrangements.
What can a Guardian do?
Guardians can make decisions about:
- Medical and Health Care
- Living and lifestyle arrangements
- Support Services
How a guardian is appointed
At any time, the person who receives care and support can appoint an Enduring Guardian if they have the capacity to do so. This means that whilst they have the capacity to make decisions at this point in time, in the future they might not be able to. An Enduring Guardian can act when the person they provide care and support to can no longer make decisions.
If the person you care for can’t make decisions, you can arrange to have a guardian appointed. A guardian will be appointed by a tribunal or similar body in a state or territory government. Further information about Queensland’s tribunal is below:
Power of Attorney
A Power of Attorney is appointed when the person who receives care can no longer make financial or legal decisions.
What can a Power of Attorney do?
Power of Attorney means that a legal right has been given to make financial or legal decisions for the person who receives care.
How a Power of Attorney is appointed
At a time when they have capacity to make decisions, the person who receives care can appointment someone or or a specialist organisation (such as Public Trustee) as the Power of Attorney.
There are a number of rules and types of Powers of Attorney that can act at different times.
If a person can not make their own decisions anymore and there has been no appointed Power of Attorney, State or Territory boards can appoint someone to make these financial and legal decisions for them.
Formal documents are needed to appoint a power of attorney. The documents must say what the person is authorising the attorney to do for them. It must be signed by the person being cared for and the person being appointed, as well as witnesses.
For further information about Queensland’s Power of Attorney processes click the below link.
