A consumer can be represented at the hearing by:
A consumer can be accompanied or supported by someone from their support network. Support network includes:
It is important to understand that representing and accompanying are two different things.
A representative must speak to the consumer’s views, wishes, and preferences as far as possible.
If the consumer is unable to express themselves, the representative must represent their best interests.
Accompany means attending the hearing for support without formally speaking or making decisions.
Accompany means that the consumer must be in attendance. That means you may not be able to attend the hearing if the consumer is not there. You cannot accompany them if they are not in attendance.
The consumer may by accompanied at the hearing by:
The Tribunal has videos that explain the hearings process. You may wish to watch these with the consumer. The before hearing video can be found here.
A support person can also help by:
The Tribunal makes their decisions based on specific criteria in the Mental Health Act (2016) The criteria is different depending on the type of order or authority being reviewed. Any consumer has the right to complete a Self-Report.
The Self-Report for each matter type will help you find the kind of information that is useful for the Tribunal when making their decision.
If the consumer finds it difficult to communicate well, you may assist by clarifying their views and writing them down using the Self-Report.
Useful information includes:
Once the report is completed, it can be emailed, or posted to the Tribunal before the hearing. It can also be presented to the Tribunal on the day. However, it is helpful to send the report before the hearing as it allows the Tribunal time to review all the information in advance. You may help the consumer by gathering other relevant documents to present to the Tribunal including:
You may wish to consider if the consumer would like legal representation or other advocacy type representation.
You can find more information on legal representation on the Tribunal’s website at Legal Representation | Mental Health Review Tribunal, or through your local community legal centre Welcome to Community Legal Centres Queensland - Community Legal Centres Queensland (communitylegalqld.org.au).
A video explaining what happens during a Tribunal hearing can be found here.
You may offer to accompany the consumer to the hearing. Your presence may help them feel more at ease and comfortable to communicate with the Tribunal.
The consumer may also like you to represent them. Please refer to the sections above regarding representing and accompanying a consumer.
A video explaining what happens after a Tribunal hearing can be found here.
After the hearing, it may be helpful to discuss the Tribunal’s decision with the consumer and make sure that they understand the outcome.
You can further support them with any follow up actions. This may include:
A person may appoint a family member, carer or other support person to be their NSP.
An NSP:
A person may appoint one or two NSPs.
The 'Nominated Support Person - Guide and Appointment Form' has been prepared by Queensland Health to assist persons to appoint an NSP. The guide and appointment form can be found here.
An NSP may resign by giving written notice to the appointing person.
To appoint or revoke the appointment of an NSP, the person must have the ability to understand the nature and effect of the appointment or revocation, freely and voluntarily make the appointment or revocation and communicate the appointment or revocation.
These are some of the most frequently asked questions.
You may either “represent” or “accompany” the consumer.If you are the representative, there are specific conditions that you must follow in accordance with the Mental Health Act 2016. (You can find more information at the top of this page).For specific advocacy services you may speak with a local legal centre. You can find more information about your local community legal centre here at Welcome to Community Legal Centres Queensland - Community Legal Centres Queensland (communitylegalqld.org.au).
If you are representing the consumer, you can attend the hearing in their absence.If the Tribunal want to hear evidence from you, you may appear as a witness. If you are a support person, your presence requires the consumer to attend and agree to you being there.
Yes. If the consumer would like more than one person supporting them at the hearing, they need to ask permission from the Tribunal.
The Tribunal makes their decisions based on specific criteria in the Mental Health Act 2016. The criteria are different depending on the type of order the consumer is subject to.The Self-Report for each matter type will help you find the kind of information that is useful for the Tribunal when making their decision.
No. Attending as a support person does not make you the consumer’s legal guardian.A Guardian is a separate legal role with decision making authority. Decision making about treatment remains with the consumers’ treating team and legal guardian if one has been appointed.
No. Being a parent or relative does not automatically give you the right to make decisions about the consumer’s treatment while they are subject to a Treatment Authority. Mental health treatment decisions are made by the treating team, not the Tribunal so you should speak with the treating team about those decisions.
Living arrangements may be considered as part of discharge or revocation, however there are many factors taken into consideration in the discharge and revocation processes.
No. A parent or any other support person must be formally appointed as the NSP by the consumer. Being a parent does not make you the NSP automatically.
If you are an NSP, a guardian or an attorney, you may request a Statement of Reasons. An attorney means you have been appointed as an attorney under an Advanced Health Directive or have been appointed under an enduring power of attorney for a personal matter.
You should speak to the consumer if you want to see the Self-Report. The Tribunal generally would not release it without consent from the consumer.
Yes. You can submit written opinions or information to the Tribunal before the hearing. Anything you submit will be provided to the consumer unless a confidentiality order is made. Further information about confidentiality orders can be found at confidentiality orders (mhrt.qld.gov.au).
Generally no. The hearings process is transparent for the consumer, and they must be aware of any information shared with the Tribunal unless a confidentiality order is made.
It is a matter for each Tribunal to determine who should be at the hearing. Therefore, family members, kin, carers, or support persons may be asked to leave the hearing if the Tribunal decide you are not required to be there.
Coming soon...
%201.png)
