The Mental Health Review Tribunal Explained by our Criminal Defence Lawyers in Maroochydore

The Tribunal is an independent decision-making body established under the Mental Health Act 2016, empowered by law to adjudicate disputes about mental health treatment.

The Mental Health Court is a separate entity to the Mental Health Review Tribunal. The Court on the other hand, was originally established under the Mental Health Act of 2000 and continues to operate under the 2016 Act. Unlike the Tribunal, the Court oversees criminal cases and does not conduct mental health reviews.

The Purpose of the Tribunal

The Tribunal is not part of any health service or treating team and its primary purpose is to review the involuntary status of persons with a mental illness and/or intellectual disability. The Tribunal can also deny or approve the use of electroconvulsive therapy (ECT) and non-ablative neurosurgical procedures.

Tribunals vary state-by-state within Australia.

The Purpose of the Court

The Mental Health Court weighs in on the state of mind of people charged with criminal offences to decide whether or not the person was of unsound mind when the alleged offence was committed to determine if they are, or aren’t, fit to stand trial.

Tribunal Members

The Tribunal has three different categories of membership:

  • Legal members – lawyers of at least 5 years standing
  • Medical members – registered psychiatrists
  • Community members - a person with qualifications and experience relevant to exercising the Tribunal’s jurisdiction.

Decisions Made by the Tribunal Cover…

The Tribunal has authority to hear specified reviews, applications and appeals, such as:

  • Treatment authorities (TA)
  • Treatment support orders (TSO)
  • Forensic orders (FO)
  • The fitness for trial (FFT) of particular persons
  • The detention of minors in high security units

The Tribunal Hears the Following Applications

  • Examination authorities (EA)
  • to perform regulated treatments, in particular electroconvulsive therapy (ECT) and non-ablative neurosurgical procedures.
  • Approval to transfer patients into and out of Queensland
  • Confidentiality orders among others
  • Among other applications

How can our Criminal Defence Lawyers in Maroochydore Help You?

We understand that hearings before the Mental Health Review Tribunal can be stressful and complicated matters that often occur during the most difficult times of your life.

Lumme Rynderman Legal has extensive experience appearing before the Tribunal for contested hearings in relation to Treatment Authorities, Forensic Orders, Treatment Support Orders and applications for ECT Treatment.

Our criminal defence law firm advocates strongly to ensure your rights are protected and that you achieve an outcome that is fair and reasonable. We will spend time with you and your loved ones to make sure you understand your rights and to ensure that Tribunal has all the necessary information to make an informed decision.

We will ensure your voice is heard and that the Tribunal considers your rights and your wishes before any decisions are made regarding your care. Contact us to discuss your unique situation and find out more about how our criminal defence lawyers can help.

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