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 patient 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 or the person responsible may ask questions of the treating team present to ensure they understand 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.
