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Home > About the Tribunal > About the Mental Health Court

About the Mental Health Court

The Mental Health Court was established under the Mental Health Act 2000 and has been operating since 28 February 2002.

The Mental Health Court decides whether a person charged with a criminal offence has, what is commonly called, a "mental health defence". That is, was the person of unsound mind at the time the offence was committed or is that person currently not fit for trial? The Court may make a forensic order requiring the involuntary treatment for the patient.

The Court also hears appeals against decisions of the Mental Health Review Tribunal. In addition, the Court may investigate the detention of patients in authorised mental health services.

The Mental Health Court is constituted by a Supreme Court judge who may seek advice from two assisting psychiatrists. Currently the Court is comprised by Justice Phillipiddes, Justice Dutney or Justice Lyons who are assisted by Dr Joan Lawrence, Dr Frank Varghese, Dr Ness McVie, Dr Gerard Byrne or Dr Andrew Davison.

The Mental Health Court has replaced the Mental Health Tribunal which performed much the same role under the previous legislation (Mental Health Act 1974).

Mental Health Court Fact Sheets

MHRT Brochures
Functions of the Tribunal
Work With Us
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    ‘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.