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What special situations mean people can make healthcare choices for me?

Even if you can normally make healthcare choices, people can sometimes give you healthcare even if you don’t want them to. The law is very strict on how and when this can happen.

Special situations where you can be given you healthcare you did not say yes to include:

  • In an emergency, when you can’t make a choice. For example, you might be unconscious or not able to communicate. In this situation, a healthcare person can do what they need to save your life, and stop very bad pain or serious damage to your health.
  • If you are serving a sentence in a youth residential centre or youth training centre, and the Secretary of DHS orders the test or treatment.
  • If the Children’s Court lets certain professional people say yes for you.
  • If a doctor says you need treatment in a psychiatric (mental health) care facility, or because you are a danger to yourself or others.
  • If a court says you must have some treatments (like talking to a psychiatrist or drug rehabilitation), because you’ve been involved in a crime.

If you think that somebody has made you have healthcare when they shouldn’t have, you can complain to the Office of the Health Services Commissioner. An advocate can help you do this. If somebody is making you have psychiatric (mental health) treatment and you think they aren’t doing the right things for you, you can contact the Chief Psychiatrist. 

Getting help with this

Chief Psychiatrist, Level 17, 50 Lonsdale Street, Melbourne VIC 3000
Phone:1300 767 299
Fax: 9096 7697
Website: http://www.health.vic.gov.au/chiefpsychiatrist/

Level 2, 180 Flinders Street, Melbourne 3000
Phone:9267 3733
Fax: 9639 1622
Email: ydasadvocate@yacvic.org.au
Website: http://www.ydas.org.au/

Level 30 570 Bourke Street Melbourne Victoria 3000
Phone:(03) 8601 5200
Fax: (03) 8601 5219
Email: hsc@health.vic.gov.au
Website: http://www.health.vic.gov.au/hsc/