Going to the Mental Health Tribunal

The Mental Health Tribunal is not a part of a hospital or clinic. It is an independent tribunal that makes decisions about orders, including:

• treatment orders and
• orders about electroconvulsive treatment (ECT)

Although the tribunal has legal powers, it is not as formal as a court. There are usually three people on the tribunal, a psychiatrist or doctor, a lawyer and a community member.

If you disagree with the decision made by the tribunal you can:

• apply to the tribunal again later to ask to cancel (revoke) your treatment order
• take other legal action, for example applying to the Victorian Civil and Administrative Tribunal
• get a second psychiatric opinion.

What the tribunal does

The Mental Health Tribunal is independent of the mental health service. It can make decisions about treatment orders or temporary treatment orders including:

• cancelling the order you are on if you do not meet all the four criteria for compulsory treatment. This means you can you can receive treatment voluntarily
• whether you should be on a community order instead of an inpatient order
• making a treatment order including the type of order (community or inpatient) and how long the order should last.
• whether or not to approve electroconvulsive treatment (ECT) in certain cases
• whether or not you should be transferred from one hospital to a different designated mental health service to receive treatment. This will be because your psychiatrist decides to transfer you and you apply to challenge this decision.
• other orders such as leave for security patients, neurosurgery for mental illness and intensive monitored supervision orders under the Mental Health and Wellbeing Act.

You have the right to actively take part in the hearing and have your say. You can invite people to support you at your hearing. You can also get legal advice and a lawyer may be able to represent you at the hearing.
The tribunal will look at the report which your psychiatrist has prepared for your hearing. It will also look at information from your medical file.
The tribunal will listen to your treating team and to you and to anyone else you bring to the hearing to support you.
The tribunal does not have to follow rules of evidence and can gather information as it wishes. It must follow legal rules that make the hearing fair. These are called rules of procedural fairness. The tribunal must also hold your hearing as quickly and informally as it can, while properly considering the issues presented.

When the tribunal holds hearings

The Mental Health Tribunal will hold a hearing if:

• you apply to have your treatment order revoked (cancelled). You can do this at any time, by contacting the tribunal
• the authorised psychiatrist applies for a treatment order because they believe you meet the criteria, and:
  • your temporary treatment order is about to expire
  • your current treatment order is about to expire.

You will be given written notice of the hearing, telling you the date, time, place and subject of the hearing. If you are on a treatment order, your hearing cannot be adjourned to a date after it is due to expire unless there are exceptional circumstances. The tribunal can extend your order until the new hearing date, but not for more than 10 business days, and can only extend once.

Preparing for a tribunal hearing

If you have a tribunal hearing coming up, you can get advice and support to help you prepare. You also have the right to look at your medical documents at least two business days before the hearing. If the psychiatrist gives you a report, they must do so at least two business days before the hearing.

The psychiatrist can ask for you not to have access to your documents if they believe this may cause serious harm to you or another person. The tribunal may agree that you not see the documents or may order the mental health service to let you see them.

What happens at the hearing

There are usually three people on the tribunal, a psychiatrist or doctor, a lawyer and a community member. They will make a decision about the application that’s been made. The hearing will usually be a video or phone call.
It is nearly always a private (not public) hearing. The tribunal will have read the psychiatrist’s report and will ask questions. The hearing will be informal – it is not like going to court.

You do not have to attend the hearing, but if you do you can ask questions and tell the tribunal what you think about the order. You can be represented before the tribunal by someone authorised by you, or by someone appointed by the tribunal.

When the tribunal has looked at all of the information, it will make a decision. You will be told by a member of the tribunal what decision the tribunal has made, and any orders it has made. Any order it makes must be in writing, and must include information about how you can:

• request a statement of tribunal reasons for decision
• apply to VCAT for a review, if you wish to.

You will get a copy of the order.

You can find more information in our ‘Are you on a treatment order’ booklet or by going to the Mental Health Tribunal’s website.

Decisions the tribunal can make

The Mental Health Tribunal decides (by majority) whether a treatment or other order should be made, the type of order and how long it can last for.

Treatment orders can only be made if you meet all of the four criteria for a compulsory treatment order.

The tribunal can make a:

• community treatment order – you can live in the community while receiving treatment for mental illness. This order can only be made if you are on a temporary treatment order. It lasts for up to six months if you are 18 years or older, or an
• inpatient treatment order – you must be in hospital while receiving treatment for a mental illness. This can only be made if you are on a temporary treatment order. It lasts for up to six months if you are 18 years or older.

If you are under 18, both kinds of treatment orders can only last for a maximum of three months.

It can also make an order for ECT to be given.

Before your order ends, the tribunal may conduct a hearing to decide if (another) treatment order should be made.

If you disagree with the tribunal decision

If the tribunal makes a decision you disagree with, you can:

• apply for a revocation (cancellation) of the treatment order (if you are still on one)
• apply to VCAT for a review of the decision.

You can also ask for a statement of reasons (in writing) for the decision. You have 20 business days after the decision to request the statement.

You also have 20 business days from the decision, or from receiving the statement of reasons, to apply to VCAT for a review.

You can ask for legal advice to help you decide what to do.

Other support

Find out how you can get other support for mental health and disability.

Publications and resources