The Mental Health Act 2016 provides for appeals to the Mental Health Court of certain decisions of the Mental Health Review Tribunal (Tribunal). The table below sets out the Tribunal decisions that can be appealed. The appellant is the person who initiates the appeal.
| Decision | Appellant | |
| A decision of the MHRT on a review of a treatment authority under Chapter 12, Part 2 |
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| A decision of the MHRT on a review of a forensic order (mental health) or forensic order (disability) under Chapter 12, Part 3 |
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| A decision of the MHRT on a review of a forensic order (Criminal Code) under Chapter 12, Part 4 |
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| A decision of the MHRT on a review of a treatment support order under Chapter 12, Part 5 |
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| A decision of the MHRT on a review of a person’s fitness for trial under Chapter 12, Part 6 |
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| A decision of the MHRT on a review of the detention of a minor in a high security unit under Chapter 12, Part 7 |
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| A decision of the MHRT on an application for approval to perform a regulated treatment on a person Chapter 12, Part 9 |
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| A decision of the MHRT on an application for approval of the transfer of a person into or out of Queensland under Chapter 12, Part 10 |
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If you would like to know the reasons for the Tribunal’s decision, you can request a written statement of reasons. Knowing the reasons for the Tribunal’s decision may assist you to decide whether or not you want to appeal the decision to the Mental Health Court. Details of how to request reasons are on the back of the written notice of decision or you can click here for further information.
During an appeal, the Mental Health Court rehears the matter and makes reference to the material that was available to the Tribunal and any further evidence permitted by the Court.
To start an appeal in the Mental Health Court, it is necessary to complete and lodge a Notice of Appeal with the Mental Health Court Registry. This must be done within 60 days of having received notice of the Tribunal’s decision. The Notice must state the grounds of appeal and the facts relied upon.
A Notice of Appeal and further information on the appeal process can be found here.
Stay
You can request a stay in any appeal against a Tribunal decision.
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If the stay is granted, the Tribunal’s decision cannot take effect until the Court hears the appeal and makes a decision.
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If the stay isn’t granted, the Tribunal’s decision remains in effect until the Court makes a decision.
Mental Health Court’s decision
The Court may:
- confirm the Tribunal's decision (meaning that the Tribunal's decision remains valid)
- set aside the Tribunal's decision and make the Court's own decision
- set aside the Tribunal's decision and send the matter back to the Tribunal to make a decision with directions that the Court considers appropriate.
The decision of the Court is final. It can’t be appealed against, reviewed, quashed or invalidated in any other Court.