Mental Health Rights in Western Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Are Struggling with Your Mental Health in Australia
- 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.
How Western Australia differs from federal law
Mental health in WA is governed by the Mental Health Act 2014 (WA), which replaced the previous 1996 Act and introduced significant reforms based on recovery-oriented practice and human rights principles.
- The 2014 Act introduced a rights-based framework for mental health treatment. It requires that treatment and care be provided in the least restrictive way, and that a person's views, wishes, and preferences be given proper consideration.
- The Act established the Mental Health Tribunal, which reviews involuntary treatment orders, community treatment orders, and electroconvulsive therapy authorisations. Patients have the right to appear before the Tribunal and to be legally represented.
- The Chief Mental Health Advocate and mental health advocates are a key feature of the 2014 Act. Every involuntary patient is assigned an advocate who provides independent support, helps them understand their rights, and can make representations on their behalf.
- WA's Mental Health Commission is responsible for mental health policy, planning, and purchasing of mental health services in WA. It is separate from the Department of Health.
- An advance health directive can include directions about mental health treatment preferences.
Additional Steps in Western Australia
For mental health crisis support, call the Mental Health Emergency Response Line (MHERL): Perth metro 1300 555 788, Peel region 1800 676 822, or RuralLink 1800 552 002 (regional WA). Contact Lifeline (13 11 14) or Beyond Blue (1300 224 636). Contact the Chief Mental Health Advocate (mhadvocacy.wa.gov.au or 08 6234 6300) for patient advocacy. Complaints go to HaDSCO (08 6551 7600).
Relevant Law: Mental Health Act 2014 (WA); Guardianship and Administration Act 1990 (WA)
Common Questions
When does mental health rights 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 I do if I need mental health support and cannot afford private therapy in Australia?
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 mistakes should I avoid with mental health rights?
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.
Mental Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.