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Home > About the Tribunal

What is the Mental Health Review Tribunal?

The Tribunal is an independent body established under the Mental Health Act 2000 to protect the rights of people receiving involuntary treatment for mental illness. It provides an independent review, and makes decisions about whether the involuntary treatment will continue or not. It also decides whether the treatment will be given in hospital or in the community. In making these decisions, the Tribunal must balance the rights of the patient with the rights of others and the protection of the community.

What does the Tribunal do?

The Tribunal conducts review hearings and may make orders and recommendations about a patient's involuntary treatment. The Tribunal automatically reviews Involuntary Treatment Orders (ITO) or Forensic Orders (FO), and young persons with mental illness who are detained in high security for treatment. The Tribunal also hears applications for involuntary patients to move out of Queensland, and applications to appeal against a decision made at the mental health service not to allow a person to visit a patient. In addition, if a person is not able to consent to treatment and needs electroconvulsive therapy (ECT), the Tribunal will review the psychiatrist’s application to give ECT.

What decisions does the Tribunal make?

The Tribunal can:

What else does the Tribunal do?

Who sits on the Tribunal?

Three members usually sit on each Tribunal panel, although sometimes there may be five members. Urgent cases may be decided by less than three members if it is in the patient's best interests to do so. Each panel must have a lawyer, a psychiatrist or other doctor, and a community member. The community member is an experienced mental health worker or someone with other relevant skills and experience.

How often will my case be reviewed?

The jurisdiction of the MHRT includes:

As such the MHRT represents a critical safeguard in protecting the rights and interests of those individuals.

The review of involuntary detention and/or treatment of persons are done through the establishment of Tribunal panels.

Panels typically consist of three Tribunal members – one must be a lawyer (of at least five years standing), one must be a psychiatrist (or another doctor if a psychiatrist is not readily available) and one must be a person with relevant experience or qualifications, for example a mental health professional or mental health consumer.

Members are appointed by the Governor-in-Council for a term of no longer than 3 years.

In special cases, one member panels may be constituted where the President is satisfied that it is in the patient’s best interests and it is appropriate and expedient to do so or treatment is required urgently.

In cases of a contentious or complex nature five member panels may be constituted.

Approximately 75 part-time members are appointed across the State to enable panels to be constituted in a number of different locations.

Download 'A Brief Guide to the MHRT' brochure

MHRT Brochures
Functions of the Tribunal
Work With Us
  • Quote
    ‘Great outcomes. It is nice to know our people are in culturally appropriate and people-friendly settings.’
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    ‘Indigenous mental health workers are being heard. Thank you.’
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    ‘I have been trying to keep stable and well in the community for about a year and it was refreshing to hear praise from the Tribunal about how well I have been doing during this time’
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    ‘The MHRT members were compassionate and understanding. Everything was easy to follow.’
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    'Thank you for the great care in the decision made on my behalf'
  • Did You Know?
    The Tribunal is continuing its effort to make hearings more accessible to Indigenous patients by holding hearings in culturally-suitable venues and involving Indigenous Tribunal members whenever possible.