The Appeals Process

Which decisions can be appealed?

Some decisions made by the Tribunal may be appealed, these include:

  • a review decision;
  • a decision of the Mental Health Review Tribunal to perform regulated treatments
  • a decision of the Tribunal to transfer a person into or out of Queensland.

Who hears the appeal?

The decisions listed above can be appealed to the Mental Health Court. This means that a person can argue before the court why the decision should be changed.

What is the Mental Health Court?

The Mental Health Court consists of a Supreme Court Judge. The court is advised by two assisting psychiatrists who advise the presiding judge on the meaning and significance of clinical evidence and issues relating to the treatment and detention needs of people under the Mental Health Act.

Who can appeal to the Mental Health Court?

Only certain persons have a right to appeal MHRT decisions, they include:

  • a party to the proceedings for the decision;
  • a person on behalf of the patient for whom the decision is made (eg their lawyer);
  • the Chief Psychiatrist in most cases

What is the first step after the MHRT hearing?

If a patient is not satisfied with a decision made by the Tribunal about their matter, they can request the reasons for the decision from the Tribunal. The Tribunal will prepare a written report called a Statement of Reasons and provide it to the patient.

If the patient having carefully read the Statement of Reasons still believes there were factors not adequately taken into consideration or that the Tribunal erred in its application of the law, the patient can start the appeal process.

For more information please contact the Mental Health Court on 07 3234 0703 or visit http://www.courts.qld.gov.au/courts/mental-health-court/appealing-a-tribunal-decision