Title: I want leave from hospital
Producer: Independent Mental Health Advocacy
Name of speaker: Wanda Bennetts (all speech content)
Speech Content: Are you concerned that you don't have leave from hospital? You might not know it, but the Victorian Mental Health and Wellbeing Act says you have rights that mental health services must respect.
Independent Mental Health Advocacy, or IMHA, helps people to learn about and use their rights. This video is a guide to your rights and options if you are on temporary leave from the hospital.
Under the Mental Health and Wellbeing Act, you can be kept in a hospital against your will, if you are on an inpatient assessment or treatment order. However, even if you are on an inpatient order, you can take time to go out of the hospital. This is granted by the psychiatrist. It's called leave of absence.
You have a right to request leave. The psychiatrist must follow the law when they are making decisions about whether or not to grant you leave. This means that the psychiatrist must ensure that you are receiving the least restrictive assessment and treatment possible. You can ask a psychiatrist for leave if you think this would be less restrictive for you. The psychiatrist must support you to make decisions even where those decisions involve a degree of risk. And the psychiatrist must consider your reasons for leave, such as the therapeutic benefits or the practical things you need to do outside the hospital.
You can make a request for leave to any staff member. However, it is the psychiatrist who makes the final decision. Some tips when you're asking for leave are, be clear about your reasons for leave and ask your psychiatrist how the decision about leave are consistent with the law.
Sometimes the psychiatrist will refuse you leave. Some reasons for this might be that there is a risk such as you not returning to hospital and that there are not enough staff to support you on leave. If your leave is refused, you can ask for review of the decision by another psychiatrist, you can ask the psychiatrist how their decision follows the law and protects your rights, or you can contact an IMHA advocate.
If you would like to learn more or talk to an IMHA advocate, you can call us on 1300 947 820, hear a recording of your rights on 1800 959 353, see our website on www.imha.vic.gov.au, or see our fact sheets which should be available at your service.
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