Mental Health Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
At the federal level, Australia supports mental health through the National Mental Health Strategy, Medicare-funded services, and the NDIS for psychosocial disability.
Under the Better Access initiative, your GP can create a Mental Health Treatment Plan that gives you access to up to 10 Medicare-subsidised sessions per calendar year with a psychologist, social worker, or occupational therapist. Sessions beyond 10 require a new referral and review.
Key federal mental health supports include:
- Better Access: 10 individual sessions and 10 group therapy sessions per year, covered by Medicare
- Head to Health: free phone, video, and online mental health support (1800 595 212)
- NDIS psychosocial disability support: if you have a permanent and significant psychosocial disability resulting from a mental health condition, you may qualify for NDIS funding for daily living support, social participation, and recovery coaching
While involuntary treatment laws are state-based, federal law guarantees that people with psychosocial disability cannot be discriminated against under the Disability Discrimination Act 1992.
When does it apply?
- You have a Medicare card and are experiencing a mental health condition.
- Your GP creates a Mental Health Treatment Plan — this is required to access Medicare-subsidised psychology sessions.
- For NDIS: you have a permanent psychosocial disability that substantially reduces your ability to participate in daily activities.
What should you do?
- See your GP and ask for a Mental Health Treatment Plan. This is a structured conversation, not a long assessment.
- Choose a psychologist or counsellor who bulk bills if cost is a concern — not all do, so ask before booking.
- Use all 10 sessions if you need them. After 6 sessions your GP must do a review before you can access the remaining 4.
- Call Head to Health on 1800 595 212 for free, immediate mental health support at any time.
- If you think you may qualify for NDIS, contact the NDIA on 1800 800 110 to discuss eligibility.
- In a crisis, call Lifeline on 13 11 14 or 000 for emergencies.
What should you NOT do?
- Don't skip the GP step — you need a Mental Health Treatment Plan to get Medicare rebates for psychology sessions.
- Don't assume you've used up all your options — your GP can refer you to a psychiatrist (with higher Medicare rebates) or a different type of mental health professional.
- Don't accept discrimination — it is illegal under federal law to discriminate against someone because of a mental health condition or psychosocial disability.
- Don't wait for a crisis — early intervention leads to better outcomes.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.