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Mental Health Tribunal

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Tribunal reviews

The Mental Health Tribunal carries out a range of reviews, including:

  • reviewing decisions about a patient’s treatment, to make sure it remains appropriate and effective
  • reviewing whether the patient still needs to be on an order.

The Tribunal is required by law to carry out certain reviews: for example, reviewing treatment orders.

The Tribunal also responds to requests for reviews to be carried out.

Who can ask for a review

A patient or their lawyer, advocate, support person, doctor or others involved in their treatment can ask for a review.

Others who can ask for a review are members of the patient’s treating team, the Chief Psychiatrist, and anyone else the Tribunal believes has a valid interest.

What can be reviewed

Treatment orders

The Tribunal is required to review a treatment order within 60 days of it being made, and then every 180 days after that.

Decisions about the patient’s treatment

The Tribunal can review the decisions a doctor has made about the patient’s treatment.

These decisions include:

  • making assessment orders
  • making, varying and discharging treatment orders
  • assessing the status of voluntary patients admitted to a facility
  • authorising treatment for a forensic patient
  • admitting a patient to a secure mental health unit (the Wilfred Lopes Centre)
  • transferring a patient from one hospital to another
  • secluding, restraining or using force on a patient
  • withholding information from a patient
  • restricting who can visit a patient
  • restricting a patient using a phone or device, or sending letters or emails
  • granting (or not) a patient’s leave from a secure mental health unit.

How to apply for a review

The Tribunal has specific forms on its website, depending on what you want to be reviewed.

To find these, go to our forms listing page

A patient’s lawyer, advocate or support person can help them complete the form. If the patient is in hospital, staff must help the patient, including getting the patient access to someone who can help them complete the form.