The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. has a wide range of functions under the Mental Health Act 2007 (NSW).
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. is a specialist quasi-judicial body established under the Mental Health Act 2007 (NSW). It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness.
This section provides general information on the legal processes followed:
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. plays an important role in the care and treatment of people with a mental illness in NSW. The Tribunal has wide powers under the Mental Health Act 2007 (NSW) in making and reviewing orders about the treatment of people with a mental illness. It does this through holding hearings on a range of issues, as discussed below.
The Tribunal is made up of many members. When it holds hearings, the Tribunal is normally represented by either one person, who is a former judge or a lawyer; or three people: a lawyer, who has the role of chairing the hearing, a psychiatrist and another person experienced and suitably qualified in mental health issues. For example, the third member of the Tribunal may be a psychologist, mental health nurse, social worker, medical doctor, mental health professional, peer workerA mental health peer worker is someone employed on the basis of their personal lived experience of mental illness and recovery (a consumer peer worker), or their experience of supporting family or friends with mental illness (carer peer worker). This lived experience is an essential qualification for their job, in addition to other skills and experience required for the particular role they undertake. More, consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More or carer advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More.
If you have to see the Tribunal more than once, there may be different members making up the Tribunal each time.
The following pages about the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. give information about:
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. deals with a wide range of matters, which include:
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. cannot authorise surgery for voluntary patients. Such applications where necessary are dealt with by the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of the NSW Civil and Administrative Tribunal (NCAT) under the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Act 1987 (NSW).
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. also has broad powers in relation to forensic patients. For more information, click here
If the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. needs to hold a hearing about you, the hospital or community mental health centre will contact the Tribunal and organise the hearing. They will make sure you know when the hearing is being held.
Hearings, including Mental Health Inquiries, are held in the hospital if you are an inpatient. If you are living in the community, Inquiries are held at the local community mental health centre or some other convenient place. If you are a patient in a regional area, the hearing may be conducted by videoconference.
You can also contact the Tribunal directly. For example, if you are living in the community and want to have a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More cancelled or a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More changed or cancelled, you can contact the Tribunal directly to request a hearing about this, or you ask your case manager to do this for you. You can call the Tribunal on (02) 9816 5955.
Hearings of the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. are open to the public unless the Tribunal considers this is for example: unsafe. Hearings are all recorded by the Tribunal.
You have a right to have an interpreter and you can have friends and relatives with you. You are to be dressed in everyday clothes.
At the hearing, the lawyer member of the Tribunal will lead the hearing (they are called the ‘chair’). They will start by introducing themselves and inviting the other panel members to do likewise. They will then invite everyone else in the room or on the telephone to introduce themselves before explaining what the hearing is about.
Witnesses will include staff of the hospital and/or community health centre who have been involved in your care and treatment. You, your lawyer and family members may also speak at the hearing.
If you find the hearing too stressful, you may ask the chairperson for a short break or for permission to leave.
The Tribunal must tell you what its decision is, as soon as it is made. The Tribunal must give you a document of that decision in writing, but this may happen after the hearing, or over the next few days.
The Tribunal can make an order even if you are not at the hearing, as long as you have been given appropriate notice of the hearing beforehand and the Tribunal was onsite at your facility to see you or via video-link.
You have a right to have a lawyer to represent you at a hearing of the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings.. The right to have a lawyer represent you includes having the right to phone a lawyer if you wish. The lawyer will argue for what you want.
The Mental Health Advocacy Service at Legal Aid NSW provides free legal representation on most of the matters that the Tribunal deals with, but not all. Click here to find out more.
You can also choose to pay for your own private lawyer. Ask your lawyer beforehand what fees will be charged.
You can, also decide that you don’t want anyone to represent you and represent yourself.
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. also has the power to permit a person who is not a lawyer to represent you.
If English is not your first language and you want to have an interpreter at the Mental Health Inquiry, you should be given an interpreter at no cost to you. An interpreter should also be provided if your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More, Principal Care ProviderPrincipal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More, family members, or support person participating in the Inquiry require one. Staff at the public mental health facility will usually arrange this for you when they know you need one, but may not be aware of the language needs of your family or support persons, so is probably a good idea to let staff know as soon as you are given notice of a Mental Health Inquiry that an interpreter will be required and that one has been booked.
You cannot rely upon a family member or friend to act as interpreter at the Inquiry. The interpreter must be an independent, accredited health interpreter.
The purpose of a Mental Health Inquiry is for the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to decide if a person is a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More. The purpose should be clearly explained to consumers and their families. It is important that they understand that it is not a criminal proceeding but an opportunity for an independent person to hear from both the treating team and the consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More, and to determine whether the consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More is a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More as defined under the Act.
The Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More of a public mental health facility where an assessable personAn assessable person is a person detained on an involuntary basis under the Mental Health Act 2007 (NSW) in a public mental health facility who has not been reviewed by the Mental Health Review Tribunal (MHRT). The Authorised Mental Officer of a public mental health facility must present an assessable person to the MHRT for a Mental Health Inquiry as soon as practicable after the person’s detention in hospital. More has been detained must present the person to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for a Mental Health Inquiry ‘as soon as practicable’ after their admission to the facility. In practice, this is within approximately two (2) or three (3) weeks after admission.
A Mental Health Inquiry may be conducted in person at the public mental health facility, or by videoconferencing from the Mental Health Review Tribunal’s Gladesville premises. Live hearings at public mental health facilities are usually held every two (2) weeks.
The Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More must give you notice of the date of your Mental Health Inquiry. For more about the notice you should get, click here . They must also give notice of the Mental Health Inquiry to your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or Principal Care ProviderPrincipal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More.
At the Mental Health Inquiry, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More is likely to ask the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. either to make an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More authorising your continued detention and treatment in hospital as an involuntary patient, or a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More that would authorise your compulsory treatment in the community. If made, the Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More would have the effect of discharging you from hospital.
You are entitled to be legally represented at the Mental Health Inquiry . Legal aid is available to all persons who are required to appear before a Mental Health Inquiry. A lawyer will represent you and any other persons who have a Mental Health Inquiry that day. They are likely to visit you at the mental health facility to obtain your views to present at the Inquiry. This usually occurs the day before the Mental Health Inquiry is held or on the day of the Inquiry before the hearing. You can also be represented by a private solicitor at your own expense.
At the hearing, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More will usually be represented by a registrar. Sometimes other medical and allied health staff from the Mental Health Facility will also attend, such as a consultant psychiatrist, career medical officer, social worker, psychologist or nurse. If the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More has applied to the Tribunal to make a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More it is also likely that the proposed case manager/care-coordinator from the Community Mental Health Facility that will be responsible for implementing the Order, if it is made, will attend either in person or by telephone.
You must attend (or be presented) to the Tribunal at the Mental Health Inquiry. If there is a reason why you cannot, or if you refuse to, attend the room where hearings are conducted, the Tribunal member may visit you on the ward. If appropriate, the Inquiry can be conducted at your bedside or in another place.
Apart from you and your legal representative, your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More or Principal Care ProviderPrincipal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More is entitled to participate in the Mental Health Inquiry. Other people, such other family members, patient advocates, peer support workers and staff of non-government/ community managed organisationsThe term ‘Community Managed Organisations or CMOs represents the language used by the community managed mental health sector in preference to the term ‘non-government organisations (NGOs)’. It is preferred because it more closely describes the type of organisation, rather than just defining it as not being a government organisation. More that support you in the community may also participate in the Inquiry.
At the beginning of the hearing, the Tribunal Member will introduce himself or herself and ask everyone else to do so. The Tribunal Member is not a Magistrate (as once was the case), so you should refer to them as “Tribunal Member” or more simply as “Mr or Ms (surname)”. The Tribunal will usually refer to participants in the hearing using their title and surname (for example: Ms Chan, Dr Nguyen), but in some cases may use participants’ first names if they have checked that this is OK with the person.
The Mental Health Act 2007 (NSW) says that you are to be dressed in everyday clothes for the hearing, not pyjamas. You must only be given a minimal amount of medication so that you can take part in the Mental Health Inquiry and understand what is going on. As a courtesy, patients should be given access to what they feel they need to present appropriately before the inquiry, such as shaving equipment and cosmetics. Usually, the Mental Health Inquiry goes for half an hour.
The following are likely to happen at the inquiry:
For more about the decisions the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. can make, click here.
The Tribunal will review the documents of your admission (the Schedule 1 Medical Certificate, and the Form 1 Medical Certificates) to ensure that your initial detention has been in accordance with the law, and that the Tribunal has the power to conduct the Mental Health Inquiry.
There are other important formalities that must also be considered at the commencement of the hearing. The Tribunal will check that you have been given a Statement of Rights, and that you and your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More have been given proper notice of the Mental Health Inquiry. If you have a GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More appointed, they will also check whether your GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More has been made aware of the hearing. The Tribunal Member will also ask the treating team to comment on whether you have been administered any medication that would inhibit you communicating with your legal representative and the Tribunal in the course of the hearing.
The Tribunal Member will then explain the purpose of the Mental Health Inquiry and the process that will be followed in the hearing.
Prior to the hearing, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More will have provided the Tribunal with a report (sometimes more than one) that outlines the treating team’s views. Usually, the Tribunal Member will also be provided with copies of your medical progress notes for approximately one week prior to the hearing.
The Tribunal will usually note the written evidence it has for the purpose of the hearing and confirm with your legal representative that they have had access to the same material.
The Tribunal will then ask the medical team to explain the reasons why the Involuntary Treatment Order, Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More and any other order is sought. Your legal representative will have an opportunity to ask any questions on your behalf. The Tribunal Member is also likely to have questions for the treating team.
The Tribunal will then ask for your views, and those of your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More, and any other person who is attending the hearing (or that the Treating Team are in touch with). You can choose to present your views through your solicitor, or speak directly to the Tribunal Member, or both. The Tribunal Member is also likely to have questions for you and other participants in the hearing.
Once the Tribunal Member has heard from each participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More and any questions have been answered, the panel will usually adjourn briefly to consider the evidence and their decision based on the application and the written and oral evidence before them.
At the end of the hearing the Tribunal presiding member ( the lawyer) will provide those attending the hearing with their decision about whether or not you are to stay in hospital as an involuntary patient, be discharged, or be put on a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More.
Mental Health Inquiries usually take about twenty (20) to thirty (30) minutes to complete, but they can take a great deal longer if there are complex issues to explore, there is an interpreter or there are a number of people who want to give evidence.
Mental Health Inquiries are usually conducted in a relatively informal manner. However, they do have an important purpose and an underlying structure that must be observed. The Tribunal member is therefore likely to insist on basic ‘ground rules’ for participation, including that only one person speak at once, that everyone speaks to the Tribunal and not to each other, and that each participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More treats each other participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More with respect and courtesy.
A Mental Health Inquiry can take place before a three-member panel of the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. if there is a good reason for doing so, for example, because the hearing raises complex or contentious medical evidence where the expertise of a psychiatrist and other member would be of assistance in the decision-making process.
A person who is ‘mentally disordered’ is not taken to see the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for an initial inquiry because they must be discharged automatically after three working days.
If the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More of the a Mental Health Facility in which you are detained as an assessable personAn assessable person is a person detained on an involuntary basis under the Mental Health Act 2007 (NSW) in a public mental health facility who has not been reviewed by the Mental Health Review Tribunal (MHRT). The Authorised Mental Officer of a public mental health facility must present an assessable person to the MHRT for a Mental Health Inquiry as soon as practicable after the person’s detention in hospital. More wants you to remain in hospital, they must apply to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More that will authorise your continued detention as an involuntary patient. The exact length of an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More will depend on your treating team’s opinion, for example, it may be two (2) weeks or six (6) weeks.
If the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. makes an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More, it must also set a review date for that order. Reviews are conducted by three-member panels of the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings..
An Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More must be reviewed on, or prior to, the review date or it lapses. In other words, you cannot lawfully be detained in hospital as an involuntary patient beyond the date set for review of the Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More.
The maximum time that can elapse before your involuntary patient status is reviewed by the Tribunal is three (3) months.
It is important to understand that the ‘review date’ for your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More is not a ‘discharge date’. The Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More must discharge you from hospital as soon as the treating team form the opinion that you are no longer a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More, or that there is other less restrictive care available that is consistent with your safe and effective care. You may therefore be discharged before the review date is reached.
Alternatively, if at the time your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More is reviewed by the Tribunal, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More is of the opinion that you remain mentally ill, and that there is no other less restrictive care available that is consistent with your safe and effective care, he or she may ask the Tribunal to extend your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More.
Extensions of Involuntary Patient Orders are for periods of three (3) months during the first year of admission, and for six (6) months thereafter. A twelve (12) month extension can be granted in special circumstances.
At a Mental Health Inquiry, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. can also put you on a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More or discharge you into the care of your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More.
For more about what the Mental Health Review Tribunal can and can’t do, click here.
Soon after you have been detained in a Mental Health Facility as an assessable personAn assessable person is a person detained on an involuntary basis under the Mental Health Act 2007 (NSW) in a public mental health facility who has not been reviewed by the Mental Health Review Tribunal (MHRT). The Authorised Mental Officer of a public mental health facility must present an assessable person to the MHRT for a Mental Health Inquiry as soon as practicable after the person’s detention in hospital. More, you must be given notice of the date of the Mental Health Inquiry. Notice of the inquiry will also be given to your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More. Other relatives or friends can attend and participate in the inquiry.
If you decide you don’t want your relatives or friends to come to the Inquiry, you should tell the social worker or the nursing unit manager. However, whilst your view is taken into account, it is up to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to decide who will be allowed to give their views at the inquiry.
At the Mental Health Inquiry, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will have access to any reports specially prepared for the hearing. These reports will include a report submitted on behalf of the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More, usually by a psychiatric registrar. There may also be other reports provided to the Tribunal, such as a report from a social worker, occupational therapist, psychologist or rehabilitation professional. The Tribunal will usually have access to copies of your medical progress notes for approximately the week leading up to the Inquiry.
Sometimes, the Tribunal will also have access to your medical file and it may contain any or all of the following:
Normally your lawyer also gets to see or be given a copy of the information about you that is given to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. by the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More. Your legal representative can ask to see and be given copies of other parts of your file.
You have a general right to access your health information. However, the doctor can warn your lawyer that it could be harmful to show you your health records while you are still an inpatient and your lawyer will need to consider this. Without a lawyer or an advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More to negotiate on your behalf, you may be told that the only way to get to see or get a copy of your file is through a request under the Government Information (Public Access) Act 2009 (NSW). This is likely not to get you access in time for you to read before the Mental Health Inquiry is held.
The Mental Health Act 2007 (NSW) says that you can have a lawyer represent you at the Mental Health Inquiry. (You can, however, decide that you don’t want anyone to represent you.) The right to have a lawyer represent you includes having the right to phone a lawyer if you wish. The lawyer will argue for what you want.
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. also has the power to permit a person who is not a lawyer to represent you.
The Mental Health Advocacy Service at Legal Aid NSW provides free legal representation in Mental Health Inquiries. Click here for their publication ‘Have you been involuntarily admitted to hospital?’
You can also choose to have your own private lawyer, for whom you would have to pay.
It is very important to tell your lawyer what you want said to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings.. If you want to be discharged from hospital, you should tell your lawyer. You should explain any plans you have made for leaving hospital, such as:
Before the Mental Health Inquiry, you or your lawyer should talk to the hospital staff to make sure that you will not be given medication that you make it hard for you to fully concentrate, follow what is happening and answer any questions at the Mental Health Inquiry.
For what happens at the Mental Health Inquiry, click here.
An Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More: If the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. finds that you have a mental illness as defined in the Mental Health Act 2007 (NSW), there is risk of serious harm to yourself and to others, and that inpatient treatment is the least restrictive way to provide you with safe and effective treatment, it will make you an Involuntary Patient.
This Order will require you to stay in hospital for a period decided at the inquiry. If your treating doctors believe that you need to stay in hospital beyond the end of the Order, they can apply for another Order from the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings..
It should be remembered that if the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. orders you to stay in hospital for up to 4 weeks, it does not mean that you cannot be discharged before the 4 weeks is up. Some involuntary patients also become voluntary patients after a relatively short time after an order by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings..
Order discharge: If the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. doesn’t think that you are a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the definition in the Mental Health Act 2007 (NSW), it can order that you be discharged. Your discharge can be put off for fourteen (14) days if the Tribunal thinks it is in your best interests. This might be because certain arrangements still need to be completed such as securing suitable accommodation.
An outcome of an inquiry also could be that you agree to be a voluntary patientA voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More. If this occurs, technically, you would be discharged as an involuntary patient. However, the hospital can at any time start the process again to make you an involuntary patient.
Order that you be discharged into the care of your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More: Even if the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. thinks you are mentally ill under the definition in the Mental Health Act 2007 (NSW), it can discharge you into the care of your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More.
Because of the ‘least restrictive alternative’ requirements found in the Mental Health Act 2007 (NSW), it is possible for the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to discharge a person into a form of care other than hospital care. The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. is very unlikely to do this unless there is substantial current information available to them about that care and your prospects of recoveryIndividual or personal recovery is defined as being able to create and live a meaningful and contributing life within a community of choice, with or without the presence of mental health difficulties. ‘Recovery’ can mean different things to different people; but in general, it means: gaining and retaining hope; understanding of one’s abilities and difficulties; engagement in an active life; personal autonomy; social identity; meaning and purpose in life, and a positive sense of self. More under that care.
Determine that you be placed on a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More (CTO): If the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. determines you are a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More under the definition in the Mental Health Act 2007 (NSW), rather than order a stay in hospital, it can place you on a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More.
Before it can make a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must be satisfied that this is the least restrictive form of care reasonably available and consistent with your safe and effective care. It must also be satisfied there is a Community Treatment Plan that is capable of being implemented by a Community Mental Health Facility.
If this hospital admission is not your first the Tribunal must also be satisfied of one of the following:
If you are subject to an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More, and the review date for that Order is approaching, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More may want you to stay in hospital for a longer period. To do this, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More must make an application to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to extend your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More at least five (5) days before the hearing.
This application is similar to the original application for an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More made to the Tribunal at your Mental Health Inquiry. The Tribunal will also consider whether you are a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More for whom no other safe and effective care of a less restrictive kind is appropriate and reasonably available. The Tribunal will be given all the relevant evidence and decide whether the Order should be extended, or whether you should be discharged.
Where a further order is made, it must be reviewed:
If you are an involuntary patient, you may at any time ask the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More of the Mental Health Facility in which you are detained to discharge you. If this is refused, you may appeal to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. against that refusal. The Tribunal will hold a hearing involving both the hospital and you (and/or your legal representative). The Tribunal will consider relevant information and make a decision either to discharge you, or order that you stay you in hospital.
In making a decision on your appeal, the Tribunal will consider if you remain a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More as that term is defined in the Mental Health Act 2007 (NSW) and if there is any other care of a less restrictive kind that is consistent with your safe and effective care.
If the Tribunal dismisses your appeal, you remain an involuntary patient until discharged by the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More until the next review of your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More.
If you have requested the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More to discharge you and appealed to the Tribunal against their refusal to do on more than one occasion, the Tribunal may make an Order preventing you from making any further appeal until your Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More is next reviewed.
The Tribunal has the power in dealing with an Appeal against a refusal to discharge, to discharge an involuntary patient, but defer that discharge by a period of up to fourteen (14) days.
If you are an involuntary patient, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must see you and review aspects of your care and treatment at least every three (3) months in the first year of your detention and thereafter every six (6) months. However, in special circumstances, after the first year of detention, reviews can be scheduled at intervals of up to twelve (12) months.
In conducting this Review, the Tribunal will consider if you remain a mentally ill personA mentally ill person is defined in the Mental Health Act 2007 (NSW) as a “person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care and treatment of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm”. Under the Act, mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person. They may experience delusions, hallucinations, serious disorder of thought form, a severe disturbance of mood or sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms already listed. More as that term is defined in the Mental Health Act 2007 (NSW) and if there is any other care of a less restrictive kind that is consistent with your safe and effective care. If the Tribunal decides to discharge you following its review, it can defer your discharge by a period of up to fourteen (14) days.
If you are a voluntary patientA voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More and have been in hospital for more than twelve (12) months, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will review your case and make sure that you are fully aware of and continue to consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to all aspects of your care and treatment. Such a review is to take place once every twelve (12) months. This review will take place even if you have been an involuntary patient for some of that twelve (12) month period.
At the review, the Tribunal considers:
At this review the Tribunal may:
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. can make an Order that requires you to accept mental health treatment in the community. This is likely to include regular follow-up and review by a Case Manager/Care-coordinator and Psychiatrist as well as an obligation to take or receive medication orally or by intramuscular injection. The community health care centre that has the duty to carry out the treatment (known as a declared mental health facility) has to present the Tribunal with a treatment plan that outlines what help they think you need and what help they are prepared to give. You may discuss all aspects of your situation and the treatment plan with the staff at the mental health facility and with the Tribunal.
If an order is made and your circumstances change, you may ask the Tribunal to change or cancel the order.
To read more about Community Treatment Orders click here
If you are an involuntary patient and the hospital thinks you need electro-convulsive therapy, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must decide whether or not you should have it.
If you are an involuntary patient and the hospital thinks you need surgery but you are incapable of consenting to that treatment or refuse to consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More to this treatment, the Tribunal may decide about whether or not you should have the surgery.
If you are a voluntary patientA voluntary patient is someone who admits himself or herself to a public mental health facility in circumstances where they have the capacity to give informed consent to mental health care and treatment to be provided to them. An involuntary patient can become a voluntary patient is they agree to remain in a public mental health facility, A Guardian may also admit a person who does not have capacity to consent to treatment to a public mental health facility as a voluntary patient, if that person does not object to the mental health care and treatment being provided to them. More and have consented to have electro-convulsive therapy, the authorised medical officerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More can ask the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to hold an inquiry into whether or not you are able to give informed consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More.
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. has the power to make a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More while you are an inpatient in hospital if they decide that the person is not capable of managing their affairs.
The Tribunal can make a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More at a Mental Health Inquiry or on an application to the Tribunal while you remain an involuntary patient at some time after the Inquiry. This means the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More will take care of your finances.
The Tribunal can only appoint the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More as your financial managerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More, and not a private financial managerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More. If you prefer a private financial managerA Financial Manager can make decisions about the ‘estate’ of a person who does not have legal capacity to make these decisions for themselves. The ‘estate’ of a person includes their financial, property and legal affairs. A Financial Manager can be a person, officer (e.g. NSW Trustee and Guardian), or organisation (e.g. a trustee company) appointed by a Tribunal (e.g. the Guardianship Division of NSW Civil and Administrative Tribunal, or the Mental Health Review Tribunal) or the Supreme Court of NSW. More, you should let the Tribunal know that you would prefer for the application for a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More to be considered by the NSW Civil and Administrative Tribunal. You can ask your lawyer to help you do this.
The Tribunal can also cancel existing Financial Management Orders. If you have such an order but think you are able to manage your own affairs or that cancelling the order is in your best interests, you should contact the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More and discuss it with them. You can contact them while you are an inpatient or after discharge.
The NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More may give you control of you own financial and other matters. If the NSW Trustee and GuardianIn NSW, guardians can make some medical and lifestyle decisions for a person who does not have capacity to make the decision themselves. These decisions may include decisions such as where the person lives; the services they should receive, and what medical and dental treatment they receive. A Guardian does not have authority to make financial decisions on a person’s behalf. A guardian can be a person or officer (e.g. Public Guardian) appointed by the Guardianship Division of NSW Civil and Administrative Tribunal. A guardian can be a relative or kinship carer, a family friend or is a carer who has an established and positive relationship with the person. There is no legal definition of who may be a suitable person. More refuses to do so, you can contact the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. and ask them to consider your matter.
For more information about Financial Management Orders, click here
You may appeal against any decision of the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. to the NSW Supreme Court. An appeal to the Supreme Court can be expensive and you will need legal representation. The Mental Health Advocacy Service cannot represent you at the Supreme Court unless you qualify for a grant of legal aid from Legal Aid NSW. This involves a merit test for patients and a means and a merit test for people other than patients.
Appeals against the making of a Financial Management OrderIf a person with a mental illness or mental disorder is unable to manage their own financial affairs the NSW Trustee and Guardian Act 2009 allows for a Financial Management Order (FMO) to be made. The Mental Health Review Tribunal is one of the bodies with the power to make FMOs for management of part of or the whole of an estate. FMOs can also be made by the Supreme Court and the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). When the Mental Health Review Tribunal makes a FMO, it appoints the NSW Trustee to manage the financial affairs of the person. The NSW Trustee manages the property, business and financial interests in close consultation with the person, and if appropriate, his or her nominated friend, relative, guardian or designated carer or principal care provider. The actual day to day management of the person’s affairs is undertaken by staff who work for the NSW Trustee. More can be made to the NSW Civil and Administrative Tribunal (NCAT) or to the Supreme Court.
For more about where to get legal help, click here.
Updated March 16, 2020
