Regulations and Challenges in Involuntary Treatment in Australia

This essay delves into the complex landscape of involuntary treatment in Australia, particularly within the context of mental health. It elucidates the legal framework governing involuntary treatment, highlighting the criteria under which individuals can be legally admitted to hospitals and subjected to treatment without their consent. The essay examines the challenges faced by healthcare professionals, including managing patient behavior, making discharge decisions, and ensuring staff safety. Furthermore, it explores the potential role of advanced directives in guiding treatment decisions and emphasizes the responsibilities of doctors and AOD (Alcohol and Other Drugs) staff in safeguarding both patient well-being and public safety. The essay concludes by underscoring the importance of balancing individual rights with the need to protect the community from potential harm posed by individuals with severe mental illness, all while advocating for ethical and compassionate care. Desklib provides past papers and solved assignments for students.

Running Head: Involuntary Treatment
Involuntary Treatment
Essay
System04104
5/29/2019

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Introduction
In Australia, it is usual that a patient will be legally admitted in the hospital without
any consent of the patient (Carney, Yager, Maguire, & Touyz, 2019). It normally happens in
the context of mental illness of the patient. However, the patient may also be legally forced to
obtain or receive the treatment, medication, or any medical therapy without his/her consent.
These all conditions of medical treatment, where treatment or hospitalization of patient is not
needed any consent of patient is called involuntary treatment, which is really a challenging
job for the medical practitioners. This essay will help to understand what are the regulations
and challenges in involuntary treatment of patients in Australia.
What is Involuntary Treatment?
Involuntary treatment refers to a situation where patient is hospitalized or forced to
take treatment or therapy without the patent’s consent. In almost all situations, this process of
treatment is considered to psychiatric treatment administered even without the patient or
individual’s objections. This type of treatment normally observed in the situation off mental
illness of people or those mental ill people who can create danger for other people in the
society (Mendelson & Lin, 2016).
Governing legislation related to involuntary Treatment
According to the Australian mental health legislation, a person who is suffering from
mental illness and are serious risk for the public safety or other people in community are
subject to involuntary treatment. Apart from this, the Australian government also included in
its law that people who are seriously facing problems and have diminished capacity to take
care of oneself are subject to involuntary treatment in the society (Brayley, Alston, & Rogers,
2015). Any people who are suffering from such type of mental illness and the person can
make the decision about the treatment but the person continuously refuses the treatment
procedure is also can be taken by the involuntary treatment authorities for the involuntary
treatment. However, the MHAs should require to assess the mental conditions of the person
whether the patient has the capacity to make treatment decision or not. This requirement for
MHA is treated as principle or the object of the MHA. However, in Australia this
requirement is the part of involuntary treatment and it is compulsory for the MHA to assess

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the mental health of patient whether the patient are able to take the decision about the
treatment or not (Wyder, Bland, Herriot, & Crompton, 2015).
Potential issues for Consumers/cares and support staff
One of the great issues in providing treatment for a mental ill people who is
hospitalized for involuntary treatment is to managing the behaviour of patient. Managing the
behaviour of mental ill person is really a challenge for the AOD and other staff. Apart from
this, the doctor and staff also face problems to decide whether to discharge the patient or not.
However, it has been seen that when there are number of patient who are suffering from
mental health problems joined the group of other mental group, will involve in violence in the
hospital. Apart from this, care of patient is also required. For example, a patient who was
suffering from paranoid delusions was able to reach on the roof of the hospital and jumped
from it. Therefore, extensive care for the patient is really a challenge for the staff and AOD
people (Brophy, Edan, Gooding, McSherry, Burkett, Carey, & Hanson, 2018). Apart from
this, person who is suffering from mental health issues and admitted in hospital by forces and
without his consent are expected to use force and violence with the staff or nurses. This leads
to the AOD and staff to use minimal force to stop the patient and minimise the effort of a
distressed patient whenever required or necessary to do so. It is really a challenging task to
control the behaviour of a mental ill people by force and provide them involuntary treatment
in a healthcare organisation. However, some times staff vulnerability with the patient is also a
challenge in the involuntary treatment. The AOD and hospital staff should aware and know
about the possible threats and risks from the mental ill people. There were many incident
happened in the past where staff or doctor was attacked by the patient (Clugston, Young, &
Heffernan, 2018).
Potential role and advanced Directives
The advance directives help the doctors or staff to consider the guidelines and
principles during the treatment of patient. The advance directive principle not only helps to
provide better and systematic treatment for the involuntary patient rather it also helps the
doctor and staff in their decision-making (Light, 2019). Advance directives helps the doctors
and staff to give more priority to the patient care and consider all the possible steps that is
required to provide treatment to an invulnerable patient. The role of a doctor is to consider
the mental health situation of patient. The role of doctor is to assess the condition that the

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patient is able to take the decision regarding his treatment or not. It also specifies the doctor
to provide timely and accurate treatment to the mental ill people and consider all the safety
measures for the patient, for the staff, and for self as well. The role of an AOD is so important
while providing treatment because he not only treating a mental ill people rather he also
considers the safety and health of other people in the hospital. However, the role of AOD is
also important because he has to ensure that no vulnerability or violence is being conducted
during the patient treatment by the hospital staff (Ouliaris & Kealy-Bateman, 2017).
Conclusion
In conclusion, invulnerability in healthcare is only possible when the safety of public
will be in danger because of a mental ill patient. However, the Australian law permitted to
hospitalise a mental health patient by force and without consent, if mental health patient have
reduced and very less capacity to take care of oneself and is creating danger for the public.
Although, it is challenging job for the AOD and other staff who involved in involuntary
treatment of patient, but these staff should care about the life of patient and should not be
vulnerable with the patient during treatment.

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References
Brayley, J., Alston, A., & Rogers, K. (2015). Legal criteria for involuntary mental health
admission: clinician performance in recording grounds for decision. Medical Journal
of Australia, 203(8), 334-334.
Brophy, L., Edan, V., Gooding, P., McSherry, B., Burkett, T., Carey, S., & Hanson, S.
(2018). Community treatment orders: towards a new research agenda. Australasian
Psychiatry, 26(3), 299-302.
Carney, T., Yager, J., Maguire, S., & Touyz, S. W. (2019). Involuntary Treatment and
Quality of Life. Psychiatric Clinics, 42(2), 299-307.
Clugston, B., Young, A., & Heffernan, E. B. (2018). A comparison of the reported use of
involuntary treatment orders within Australian jurisdictions. Australasian
Psychiatry, 26(5), 482-485.
Light, E., (2019). Rates of use of community treatment orders in Australia. International
Journal of Law and Psychiatry, 64, pp.83-87.
Mendelson, D. & Lin, N. (2016) Mental Health Legislation (Civil) in Australia and China: A
Comparative Perspective.
Ouliaris, C., & Kealy-Bateman, W. (2017). Psychiatric advance directives in Australian
mental-health legislation. Australasian Psychiatry, 25(6), 574-577.
Wyder, M., Bland, R., Herriot, A., & Crompton, D. (2015). The experiences of the legal
processes of involuntary treatment orders: Tension between the legal and medical
frameworks. International journal of law and psychiatry, 38, 44-50.