Who is a Nominated Support Person?
A person may appoint a family member, carer or other support person to be their nominated support person (NSP).
- provides assistance and support to the person if they become unwell and become an involuntary patient.
- must be given all notices about the patient that are required under the Mental Health Act 2016
- may discuss confidential information about the patient’s treatment and care
- may represent, or support the person, in any hearings of the Mental Health Review Tribunal
- may request a psychiatrist report if the person is charged with a serious offence.
A person may appoint one or two NSPs.
The person must understand the nature of the decision to make the appointment. The 'Nominated Support Person - Guide and Appointment Form' has been prepared to assist persons to appoint a NSP. The guide and appointment form can be found here.
The appointment of a NSP can be revoked by the appointing person at a time when the person understands the decision they are making. A NSP may resign by giving written notice to the appointing person.
Who can support or represent a person at a hearing?
A person who is the subject of a proceeding may be accompanied at the hearing by a member of their support network (e.g. a NSP, family member, carer or other support person). With the Tribunal’s permission, more than one person may provide support during the hearing.
The person who is the subject of a proceeding may also be represented at the hearing by a NSP, a lawyer or another person.
The Tribunal will appoint a lawyer for a person at no cost, in the following instances:
- if the person is a minor
- for a review of a person’s fitness for trial
- for an application for approval to perform electroconvulsive therapy
- for a review of a forensic order where the Attorney-General is to be represented.