Psychiatric patients rights and

welfare
Chui Yee

Who oversees patients rights?

Malaysia
Victoria,

Board of Visitors
Aus Mental Health Tribunal

Board of Visitors

Appointment to the board

Minimum 3 members appointed by the Ministry of Health.

Psychiatric hospital:

Medical officer or a registered medical practitioner, preferably a

psychiatrist, who does not work in that hospital.

2 other persons.

Psychiatric nursing home:

Medical officer or a registered medical practitioner, preferably a

psychiatrist.

A government staff nurse or registered staff nurse who does not

work in that nursing home.

1other person.

*One of the visitors should be a

female.

Visits to psychiatric hospital or nurisng

home

How often?

Psychiatric hospital At least once in every month

Psychiatric nursing home At least once in every three

months

What do they look into?

Welfare and health of persons detained in the hospital or

nursing home.

Adequacy of opportunities and facilities for patients to

observe their religions.

Any other matter that the visitors consider necessary.

Examination of involuntary patients

A patient who has been detained for

treatment pursuant to an order should be
examined by the board of visitors before the
expiration of the period of 3 months.

If the continued detention of the patient is not

justified, the visitors should order that the
patient be discharged.

If the continued detention of the patient is

justified, the visitors should make an order to

Review of involuntary patients

A patient who is being detained in the psychiatric

hospital will be reviewed by the board of visitors before
the expiration of the period specified in the order.

Upon considering the report of the medical director and

by personally examining the patient, the visitors will
decide for:

The patient to be discharged.

The patient to be discharged at a future date.

The patient to be detained for care and treatment for a

further period not exceeding 12 months.

Review of involuntary patients cont.

A patient who is detained for further care and treatment,

should, before the end of the period of detention, be

Examined by the medical director at least once in 4 weeks.

Reviewed by the visitors at least once.

At each review, upon considering the report of the medical

director and by personally examining the patient, the visitors will
decide for:

The patient to be discharged.

The patient to be discharged at a future date.

The patient to be detained for care and treatment for a further

period not exceeding 12 months.

Mental Health Tribunal

About

The Mental Health Tribunal is an independent statutory tribunal established

under the Mental Health Act 2014 to protect the rights and dignity of
people with mental illness.

Primary function:

To determine whether the criteria for compulsory mental health treatment set out
in the Mental Health Act 2014 apply to a person if yes, the Tribunal makes a
Treatment Order.

The Tribunal also determine:

Whether electroconvulsive treatment (ECT) can be performed on a compulsory

patient if they are considered to not have capacity to give informed consent to ECT,
or if they are under the age of 18.

A variety of matters relating to security patients.

Transfers of treatment to other mental health services.

Applications to perform neurosurgery for mental illness.

Criteria for compulsory mental health

treatment

The person has mental illness

The person needs immediate treatment to prevent

serious deterioration in the persons mental or physical
health or serious harm to the person or another person

The immediate treatment will be provided if the person

is made subject to an Order

There is no less restrictive means reasonably available

to enable the person to receive the immediate
treatment

Functions of the Tribunal Victorian MHA 2014

Members
General Division

Hear and determine all matters except

Special Division

those relating to ECT or neurosurgery

applications for the

Constituted by:

or a registered medical

performance of ECT or

A legal member
A psychiatrist member

Hear and determine

neurosurgery

Constituted by:

A legal member

practitioner member

A psychiatrist member

A community member

A community member