Voluntary and Involuntary Treatment
Voluntary treatment is treatment that you choose to have when you are able to make an informed decision. The Tribunal does not get involved in voluntary treatment.
Involuntary treatment means compulsory treatment for mental illness that is given under the Mental Health Act 2000. For example, you may be under an Involuntary Treatment Order (ITO) or a Forensic Order (FO) (read more about other orders); or the Tribunal may approve a number of electro-convulsive therapy (ECT) treatments if it is the best treatment for you, and you are unable to give informed consent to the treatment yourself.
Download 'A Guide to Electroconvulsive Therapy Applications'
The following treatment criteria in the Mental Health Act 2000 must all apply for a person to be treated without their consent:
- The person has a mental illness that requires immediate treatment
- The treatment is readily available
- There is a risk that because of the person's mental illness the person may cause harm to him or herself or to someone else; or suffer serious mental or physical deterioration
- There is no other way for the person to receive treatment
- The person lacks capacity to consent to treatment or has unreasonably refused treatment.
Download 'A Guide to Involuntary Treatment Order Reviews'
If you are under an FO you have been ordered to have mental health treatment by the Mental Health Court. The Tribunal must review your order within 6 months, and then at least every 6 months after that. In any decision about a Forensic Order, the Tribunal must take into account the protection of the community and the needs of the victim of the offence that led to your Forensic Order. This means that written information from victims may be considered at the hearing. A representative of the Attorney-General may be there to make submissions in the public interest. In a Forensic Order review, the Tribunal must balance your rights with the rights of other people.
Download 'A Guide to Forensic Order Reviews'
You can receive involuntary treatment even if you are not an inpatient in a hospital. You may be under a community category of an ITO; or having Limited Community Treatment (LCT) under an FO; or you may be receiving ECT under the approval of the Tribunal, as an outpatient. ECT decisions are made when an application is lodged with the Tribunal by the treating psychiatrist.
You still have rights even if you are having involuntary treatment. For example, you have the right to:
- a fair and timely independent review
- attend your hearing
- have a lawyer represent you
- have someone support you
- respect and dignity
- natural justice
- know the information the Tribunal is going to consider
- have your say
- an interpreter
- privacy and confidentiality
- reasons for the decision
- appeal against the decision
- make a complaint
The main purpose of the Tribunal is to protect the rights of persons who are receiving involuntary treatment for mental illness. It does this by providing regular review to decide whether the involuntary treatment needs to continue.
If you are under an ITO or FO the Tribunal will automatically receive this information and schedule a review for you. Also, you can ask for a review by completing an Application for Review Form available on this website or from your mental health service.
If you require more information please refer to any of the following brochures:
MHRT Brochures
Download an Application for Review
