A nominated support person is somebody you nominate to receive information and support you while you are receiving treatment as a compulsory patient under the Mental Health and Wellbeing Act 2022.
Watch our video – introduction to nominated persons
We have developed a video with a consumer about nominating a person to help in your treatment.
This video has been taken down temporarily due to updates. It will be available soon.
Role of the nominated support person
The nominated support person must be consulted about treatment and can:
- support you
- help represent your interests
- receive information
- help you to exercise any of your rights under the Act.
The nominated support person must be informed about your treatment and consulted for their opinion at key stages of your assessment, treatment and recovery in the mental health service.
The mental health service must take all reasonable steps to support the nominated support person in their role.
This is a complex role, so it is important that you have conversations with your nominated support person about your treatment preferences and how you want them to support you.
How to nominate a person
The nomination must:
- be in writing
- be signed and dated by you
- give the name and contact details of the person you wish to nominate
- include a statement signed by the nominated person that they agree to be nominated
- be witnessed by an audult.
The form must be witnessed by an adult, which means they must watch you sign the form. This can be anyone you choose, including friends, family, or support workers.
What you must consider when making a nomination
You must think about who is the best person to assist you. The person you ask must be willing, available and able to undertake the duties and responsibilities of the role.
The nominated support person should advocate for what you say you want, not what they want or think is in your best interest.
Cancelling your nomination
You can revoke (cancel) a nomination at any time in writing.
You must sign and date the revocation.
The revocation must be witnessed by an adult. The witness must include a written statement that you understand the revocation and the consequences of revoking the nomination. Only one person can be nominated. If you make a new nomination any previous nomination is revoked (cancelled).
If the person you have nominated does not want to continue to act as your nominated support person, then they must take reasonable steps to tell you. They must also tell the authorised psychiatrist. Their nomination then ceases.
How an advocate can support you
If you are receiving compulsory treatment, you may feel you need help to understand and act on your rights in the mental health system.
Our independent advocates can:
- listen to what you want and talk to you about your options
- give you information and support to act on your rights
- work with you so you can have your say
- refer you to other services if requested.
We do not provide legal representation or specific advice about how the law applies in your particular situation. If you require legal help, ask your advocate to put you in touch with Victoria Legal Aid.
Reviewed 30 October 2023