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Forums / Treatments, health professionals and therapies / Does anyone know who enforces the mental health act.

Topic: Does anyone know who enforces the mental health act.

13 posts, 0 answered
  1. Shaneos
    Shaneos avatar
    11 posts
    5 July 2020

    Hey, my name is Shane and I’m in Perth I was hoping maybe someone in here could help with answers.

    Last year I was detained against my will under the Mental health act for 3 days.

    The entire process was like an experience out of the twilight zone and very surreal.
    Without going into the finer details, it all stemmed from an ongoing dispute I’ve had with my family.
    They had been using mental health as a kind of tool or weapon against me because they are not the people I’d thought them to be I discovered . Anyhoo....in this particular instance, they managed to get me transported by police for a mental health assessment at the hospital. I calmly complied all the way along and was perfectly rational and coherent the entire time. There was no suicide attempt Or anything , I wasn’t anxious or requiring mental or medical assistance in anyway. After 5hrs of waiting in emergency until I was finally assessed by a self proclaimed mental health nurse. I was informed that I was to be detained against my will until further notice. I was never informed The reason why, or given copies of my detention forms, informed of my rights at any point or told I had access to a mental health advocates assistance etc etcThis twilight zone scenario continued on for 3 more days which included being transported to a maximum security mental facility, which apparently is worse than prison conditions my fellow inmates informed me whilst there.

    Not once did I lose my temper or composure whilst detained. Nor was I given any medication of any sort.

    Even though I found out later they had written down I was acutely unstable on my initial detention form which I never received.
    On the 4th day of my ordeal.
    I was released by the so called Chief psychiatrist with a diagnosis of recommending I seek counselling over my marriage break down. Of which happened years earlier and didn’t have the slightest relevance whatsoever for me being there. After my release I got straight into making a complaint over my experience and wanting answers. I studIed the mental health act for myself. Sure enough it turned out every single law and procedure had been broken in regards to detaining a person and of which I had plenty of proof to back that up.But none of that ended up mattering. Because Apparently nobody polices or implements the mental health law. No agency or government body. So in summary, I was locked up against my will illegally for 3 days and nobody was held accountable.

  2. Sophie_M
    Community Moderator
    • Works for beyondblue moderating these forums
    Sophie_M avatar
    2781 posts
    5 July 2020 in reply to Shaneos
    Hi Shaneos,

    Welcome to our online community. We're so sorry to hear that you've had this experience. It sounds like you've been having a turbulant time between difficulties within your family relationships and feeling that there is no avenue for the kind of support you need. 

    This is an anonymous forum, so we can't provide recommendations for services in specific areas, and our community is not able to give medical or legal advice. If you get in contact with our Support Service, hopefully they will be able to give you a relevant referral in your local area for a Mental Health Advocate or a similar service for legal advice and action. The Beyond Blue Support Service is available 24/7 by phone on 1300 22 4636 or on Webchat 3pm-12am AEST on our website: www.beyondblue.org.au/getsupport 

    If you'd like to discuss your experience and how you felt about it, your relationship with your family, or how you might be able to benefit from mental health support, some of our community members may have had similar experiences or be able to provide some support. Please feel free to reach out here on your thread.
  3. Shaneos
    Shaneos avatar
    11 posts
    5 July 2020 in reply to Sophie_M

    Hey Soph, umm thanks for your response.

    Turbulant times would barely scratch the surface of Describing what’s gone on in my life over the Last few years haha.
    My wanting to post what I wrote before was pretty much a long shot at obtaining any answers or trying to make sense of what happened to me and how it was even possible to have happened to me.
    I suppose I still and always will have trouble coming to terms with how it’s possible for so many supposedly smart people, not even be able to answer such a simple question as, who implements and polices the mental health act which is a law.
    If it’s a law, then doesn’t someone have to make sure people follow that law?
    Either law applies to everyone equally or it applies to nobody equally.
    I contacted the mental health advocacy service, Hadsco handled my complaint which was a complete farce because as it turns out, even though they are the complaints agency for cases like mine. They do not have any actual power to make anyone do anything or hold people accountable. Nor does the Chief Psychiatrist office or any other agency. The worst part is all these people involved in all those agencies know exactly what I’m taking about and are well aware of how unbelievably wrong it is. What happened to me was horrible and it absolutely affected me in a negative way. But it’s not just about me. They put me through that whole ordeal without even skipping a beat or at any stage worry about them being held accountable. Because they knew they’d get away with it.
    They shouldn’t have gotten away with what they did to me or any other human being. Especially people in that sort of profession which youd associate them wanting to help other human beings who might be vulnerable or whatever. The whole experience was brushed aside pretty much as if it’s not that big of a deal etc etc. They held an adult person in a democratic society who has legal rights that are protected under law and our constitution, against their will and without any proof or lawful reason to do so. But hang on? That sort of thing only happens in evil communist countries like North Korea or China we are told.
    Well they did it here and they didn’t skip a beat doing it either. I now have on my permanent health record, a summary of my time in detention.

    The entire summary is a lie And there is no proof to back up what they’ve written because it just didn’t happen

  4. Nurse Jenn
    Health professional
    • Health professional
    Nurse Jenn avatar
    414 posts
    5 July 2020

    Hi there Shaneos,

    I am sorry to hear of what sounds like a very traumatising experience for you. What an ordeal. You have taken some great steps towards learning about the Mental Health Act. I wonder if you have visited the Office of the Chief Psychiatrist website where there is information on making a complaint about your experience. You may also make a complaint through to WA Health and there is also the Health and Disability Services Complaints Office (HaDSCO). https://www.chiefpsychiatrist.wa.gov.au/consumercarer/how-to-make-a-complaint/

    I also wonder if you have been able to get some support after the event to process your experience. Having gone through such a difficult time, it is normal to feel both frustrated and confused but to have these experiences so long after the event might suggest some extra support would be a good step. You have reached out here already which is a great start. The forum is a safe and supportive space to share your experience and get support. If you are not already connected to a health professional (like a GP) that you trust, I wonder if you have a friend or close family member you talk to on a regular basis about your experiences?

    There are other supports out there as well such as a program called Mindspot. It is a free online support service that has several different treatment courses including one on Post Traumatic Stress. You could read more about it here. https://mindspot.org.au/ptsd-course

    If it helps, please continue to share your story here on the forum. You are not alone. We are listening,

    Sending you strength,

    Nurse Jenn

  5. Nurse Jenn
    Health professional
    • Health professional
    Nurse Jenn avatar
    414 posts
    5 July 2020 in reply to Shaneos

    Hi Shaneos,

    My apologies for offering some information that you have already accessed (the Chief Psychiatrist and complaint process) - we must have been posting at the same time. The continuation of your story is helpful in gaining more understanding of what you are going through to the forum. I wonder if you have connected with any local mental health advocacy groups (Consumer Advisory Groups) in the area? The process you have gone through sounds so difficult especially going through a complaints process and getting no resolution. What a journey.

    You mentioned that sharing your story has helped - please keep doing so. We are here.

    Nurse Jenn

  6. blondguy
    Life Member
    • Life membership is awarded by beyondblue for providing outstanding peer support to the online community over a period of 3+ years.
    • A member of beyondblue's blueVoices community
    blondguy avatar
    10501 posts
    5 July 2020 in reply to Shaneos

    Hi Shane

    you are strong by posting the pain you have experienced

    Only if its okay..can I ask about the family dispute? If not no worries...just asking..

    The forums are a rock solid safe and non judgemental place for you to discuss what you have been through

    Im sorry you have been through such a shitty period Shane

    my respect

    Paul

  7. Shaneos
    Shaneos avatar
    11 posts
    5 July 2020 in reply to Nurse Jenn
    Hey nurse Jenn.
    Thank you very much for your reply and information on making a complaint.
    It just so happens I went through all of those offices and processes already and even got as far as having a conciliation meeting with the hospital. Neither of those departments have the power to make anyone accountable for their actions or even discipline anyone for clear breaches of the mental health act which is a law as I was eventually informed and neither of those departments could tell me who actually did police and implement the act. As I mentioned in my earlier post. Even that outcome felt like I was in an episode of the twilight zone. I even have hard proof that one of the forms needed legally to detain someone against their will (3A) was forged. It made absolutely no difference whatsoever and nobody cared or did anything about it. Yes I do feel very frustrated still and angry and confused by the entire ordeal because none of it makes any sense and I know all of those involved are perfectly aware of this fact. I’m angry not only for what they did but more for the fact of how easily they did it and got away with it. If they can do that to me then they can and will do it to others in the future and that pisses me off the most probably. They’ve even written on my summary in my permanent health record that I was having paranoid delusions due to drug induced psychosis or some such nonsense. When I actually do not have any history or record of Drug use. They took blood samples when I was detained which would prove was no drugs in my system at all. Yet apparently I somehow miraculously tuned into a hardcore substance addict according to the summary they wrote up. They just out right lied and there is not a damn thing I can do about that. I thank you for the trauma counselling advice. But unless that can explain to me why they would lie like that and get away with it all so easily. I’m not overly confident it could help me much.
  8. Shaneos
    Shaneos avatar
    11 posts
    5 July 2020 in reply to Nurse Jenn
    No apology necessary nurse jenn. I’m open to any and all suggestions and options or avenues anyone knows about that could possibly help me out or ones I haven’t discovered yet. Much appreciated
  9. Shaneos
    Shaneos avatar
    11 posts
    5 July 2020 in reply to blondguy

    Hey Paul, yeah for sure. I don’t have an issue discussing any aspect of what happened.
    The family dispute involved me trying to obtain answers from my family surrounding what should have been very easy responses for them to give me.
    I had discovered my brother and sister somehow logged into my email account years earlier when I was wrongly at that time having an affair on my wife.
    They had kept this Information from me for some years and after uncovering this information I felt I waa entitled to not only know why they did this but even how they did it etc etc.

    simple questions which have simple answers they could give me.
    But they couldn’t and wouldn’t for some reason. With the kind of relationship I had with my brother and sister that did not make any sense. So from that point I ended up asking them other questions about certain topics or events that I’d never thought to previously. Their responses and demeanour towards me abruptly changed to the opposite I’d known them my entire life. It didn’t make sense and I needed to find out what the hell was going on.
    Funnily enough, it was only whilst being illegally Detained in the max security mental ward, one of my co inmates informed me about a concept termed “gaslighting” which is never previously been aware of. Upon my release I researched the subject quite in depth and to my shock realisation it’s a technique they’d been using on me for quite sometime. I’m not talking about a few certain aspects of the technique that pretty much everyone uses to a degree in their everyday life.
    I’m talking about word for word every single usage or explanation of the gaslighting technique was used against me. So my dispute with my family was pretty much something along the lines of what the actual,  you’re my brother and sister and mother who I’ve loved my entire life and I thought loved me. Why the hell would you be doing this to me and it makes absolutely no sense.

    It’s an odd one I know trust me lol.

  10. InhaleExhale
    Student Mentor
    • Masters of Psychology student on placement
    InhaleExhale avatar
    54 posts
    9 July 2020 in reply to Shaneos

    Hi Shaneos,

    Gaslighting is definitely not ok. You’re right in thinking that it is common to a small degree but what you’re describing is a much larger and more harmful use. I wonder in terms of your relationship with your siblings, how do you feel towards them at the moment and importantly how are you going?

    Sorry, I can’t offer any legal advice, but good luck and I hope you can find a positive outcome.

    InhaleExhale

  11. Shaneos
    Shaneos avatar
    11 posts
    12 July 2020 in reply to InhaleExhale

    Heya inhale exhale,

    Yes Gaslighting was a psychological tool or weapon I suppose, in which I was previously unaware about.
    It is kind of funny that it took for me to be locked up in a Maximum security mental facility to first be informed about this concept by a fellow inmate.
    Yes for sure eliminates of the Gaslighting technique are used by a lot of people in everyday life to some degree. Most unbeknownst they are using it I’m sure.
    I fear my families use of it towards me was a lot more calculating and sinister unfortunately.

    My relationship with my siblings and “mother” are non existent these days unfortunately. Not by my choice but more out of necessity to try and save what lil sanity I have left after this latest traumatic chapter of my life.

    I did manage to get to the bottom of all the very sudden unusual behaviour by my family and the confusion as to how they appeared to become the complete opposite to how I’d known them my entire life.
    ‘Twas at a great cost to me personally though.

    I appreciate you’re enquiring about my welfare also Thankyou.
    Hasn’t been much of that going around lately haha.

    Still pretty messed up a bit by everything that’s transpired over the last few years if I’m being honest.
    I deliberately put my life on hold for far to look so as to seek answers over everything and get to the bottom of it all.
    I feel extremely angry over losing those years which I shall never get back. When the people supposedly closest to me my entire life, could have supplied me with everything I wanted to know within a 15min convo if they wanted.

    All good about the legal advice, I knew it was a long shot by posting what I did on here. But I’ve tried everything else (twice) so I figured it couldn’t hurt haha

  12. Shaneos
    Shaneos avatar
    11 posts
    12 July 2020 in reply to InhaleExhale

    Unfortunately the full story is far to bizarre and far fetched sounding to divulge to much about it I think.

    Especially now after the summary of my time being locked up is now apart of my permanent health record.
    Even I agree I sound acutely unstable going by what they wrote happened during that time.
    The fact it’s absolute fiction and I was in fact the complete polar opposite of what’s written transpired back then. Isn’t something anyone else but me is troubled by.
    My family are incredibly clever and incredibly evil people.

  13. InhaleExhale
    Student Mentor
    • Masters of Psychology student on placement
    InhaleExhale avatar
    54 posts
    15 July 2020 in reply to Shaneos

    Hey Shaneos,

    It’s good to hear from you.

    Being detained in the mental facility… I can’t imagine.

    It sounds like you really feel betrayed and let down by your siblings and mother. I’m sorry you’ve lost the relationships which would have been a big part of your life prior to these events. It must be very painful to lose these but at the same time you need to do what is best for your own mental health.

    I wonder if your life is no longer ‘on hold’ and you are not losing years anymore seeking answers, what might your life look like? Do you have anyone supporting you are the moment?

    I hope you’re going ok.


    InhaleExhale.

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