If you are on a CCO or a CTO a review must be held within 28 days of the order being made.
If you apply for a review of an ATO a review must be held within seven days of receipt of the application
If you apply for a review of a CCO or CTO order the review must be held within 21 days of the Tribunal receiving your application.
If you have been transferred from an Approved Hospital to the Wilfred Lopes Centre the Tribunal must conduct a review within 72 hours of being notified that you are at Wilfred Lopes.
When an order is made there is an obligation for the Tribunal to be advised of the order. On receiving notification of the order the Tribunal is required to conduct a hearing within twenty eight days of the order being made.
The Registrar of the Tribunal will send out a notice of hearing, advising of the place, time and date of the hearing at least seven days before the hearing. The hearing will be held for the most part in the facility where the person the subject of the order receives their treatment. In Hobart Community Treatment Order hearings are held at the Tribunal's offices rather than at the treatment facility.
If the order has not been discharged by the treating team prior to the hearing, the hearing will proceed at the nominated time on the nominated day. If the order has been discharged by the treating team, i.e. the doctor has said the order is no longer required, the hearing will not go ahead.
Only people determined by the Tribunal to have a proper interest in the matter can attend a hearing. These people i.e. the person the subject of the order, a member of the treating team, or the person nominated as the person responsible on the notification provided to the Tribunal from the hospital will be sent a notice of the hearing.
If you wish to attend the hearing but have not been given notice of the hearing you will need to seek the permission of the Tribunal to attend. Permission should be sought prior to the date of the hearing by contacting the Registrar of the Tribunal.
Hearings are closed to the public and cannot be attended by or reported in the media.
The Tribunal hearing will be conducted with as little formality as possible.
The Tribunal may consist of one member, or three or more members. Usually there will be three members, a lawyer, a medically trained person and a community member.
The person the subject of the order can be accompanied by anybody they wish, a lawyer, a friend, a relative, or an advocate.
Only people with a direct interest in the matter will be allowed to attend the hearing, i.e. the treating team, the person responsible, the patient and any other person present at the patient's request.
When you first enter the room the Tribunal members will introduce themselves and explain to all present the order in which things will happen.
They will make sure that the patient has received their Notice of Hearing, and has had access to their medical report and their file.
The Tribunal will hear from the patient their view on whether they consider they should be treated as an involuntary patient.
The Tribunal will hear from the representative of the treating team as to why voluntary status is not a suitable way for the person to receive treatment. The Tribunal will have access to a medical report on the patient.
The Tribunal members, the patient, their advocate or support person and all those present may ask questions of those present representing the treating team. The questions should relate to why the treating team support the continuation of the order.
Any person present at the hearing, except an observer, may present information to the Tribunal. This can be done in writing, by asking other people to come along and tell the Tribunal why an order is not necessary, or by the person concerned just talking to the Tribunal.
At the end of the hearing each person present will be given an opportunity to summarize for the Tribunal the reasons they hold the view they do as to the necessity for an order to be in place.
Everybody, except the Tribunal, will then be asked to leave the room, this is done so that the Tribunal can discuss the matter and make their decision.
When the Tribunal has reached a decision all interested parties will be invited back into the room.
The Chairperson of the Tribunal will advise all persons present of the decision of the Tribunal and the reasons why that decision was made.
A written copy of the decision will be given to the patient and to the treating team.
A printed copy of the Tribunal's 'Statement of Reasons for Decision' may be requested by the patient, the person responsible, the treating team or a lawyer acting on behalf of any of those persons, by writing to the Registrar of the Mental Health Tribunal.
Yes, the decision of the Tribunal can be appealed to the Supreme Court. An appeal to the Supreme Court must be filed with the Court within 28 days of the decision being made. For assistance with such an appeal you should contact the Legal Aid Commission of Tasmania on 1300 366 611(local call charge only).
