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Mental Health Tribunal

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Mental Health Tribunal

The Mental Health Tribunal is an independent statutory body established under the Mental Health Act 2013. It protects the rights, safety, inclusion and dignity of people being involuntarily treated for mental illness.

The Tribunal’s main function is:

  • to authorise and review the treatment of people with mental illness, who don’t have the capacity to make decisions and provide informed consent for treatment.

This includes deciding:

  • when people with a mental illness can be detained in a hospital or other treatment facility
  • what treatment a doctor can provide when it has been decided that the person is too unwell to make treatment decisions for themselves.

The Tribunal is independent. It is not connected to any hospital or other facility or organisation that provides mental health services.

Impact of the Coronavirus on Tribunal hearings

The Mental Health Tribunal, in response to the Coronavirus (COVID-19) pandemic have adopted social distancing measures and altered the way Tribunal hearings are usually conducted.

The Mental Health Tribunal will continue to schedule hearings to determine applications for Treatment Orders, renewal of Treatment Orders, 60-day and 180-day reviews, applications for the Authorisation of Treatment, review of Authorisation of Treatment, review of Supervision Orders and the review of Restriction Orders.

To do this safely we have stopped conducting face-to-face hearings. We will now be conducting hearings by video conference, online face-face and teleconference for the immediate future.  All parties will be afforded an opportunity to be heard with respect to natural justice, procedural fairness and any other relevant considerations.

All parties to proceedings will be required to provide the Tribunal with preferred telephone numbers for participation in hearings.

All Statewide hearings are being held from the Hobart hearing room until hearing venues can be arranged in the North and Northwest.

If you have a hearing scheduled, the Registry staff will be in contact with you to advise of how the hearing will be conducted.  It may be necessary for Registry staff to contact patients by email or telephone if postal mail services are disrupted.

News: 2017 changes to the Mental Health Act

A number of changes have been made to the Mental Health Act. These come into effect on 1 July 2017 and affect doctors, patients and others who deal with the Mental Health Tribunal.

Read about the 2017 changes to the Mental Health Act.