How will I know when my Tribunal hearing is?
The Tribunal will send you written notice advising when and where your hearing will be held. Hearings are generally held at your local mental health service, including at a hospital or community mental health centre. Your hearing may be held in person, via telephone or via video conference facilities.
What happens before my hearing?
The Tribunal's notice of hearing will include a 'self report' form. You may wish to complete this report prior to the hearing to help you express your views to the Tribunal. A copy of the self report form can be found here. You do not have to use the self-report form. You can let the Tribunal know your views by sending in an email or written letter. You can also just let the Tribunal know your views in person at the hearing.
You may also wish to speak with your nominated support person/s or other people in your support network about attending the hearing with you. You may also like to organise legal representation, although this is not required. In certain circumstances the Tribunal will appoint a legal representative for you. If this is the case, the legal representative will contact you directly. For more information about representation at your hearing, click here.
At least seven (7) days before the hearing, your treating team will also give you a copy of a clinical report which will be discussed at the hearing. You should take the time to read this report and if you have any questions about the report, you can speak to your treating team (e.g. your case manager or doctor).
What happens at my hearing?
Your matter will be decided by between one and five Tribunal members. Information about the types of Tribunal members can be found here. The Tribunal members may be in person at the same venue as you or may attend by telephone or video conferencing facilities.
You will have the opportunity to ask questions and give your opinion about your authority or order. The Tribunal may also ask you questions.
One or more members of your treating team will attend the hearing and they will also be asked to give their opinion about your illness and your progress/recovery.
You may be represented at your hearing by a nominated support person, a lawyer or another person. You can be accompanied by one member of your support network or, if the Tribunal allows, more than one member of your support network.
If you are at a hearing for a forensic order or fitness for trial review, a representative from the Attorney-General's office may also attend and make submissions. Their role is to represent the public interest.
What happens after my hearing?
In most cases, the Tribunal will tell you what their decision is at the hearing.
In all cases, you will receive a written notice advising of the Tribunal's decision.
If you would like to know the reasons for the Tribunal's decision, you can request a written statement of reasons. Details of how to request reasons are on the back of the written notice of decision or you can click here for for further information.
You may also wish to the appeal the Tribunal's decision to the Mental Health Court. Further information regarding appeals can be obtained by contacting the Mental Health Court Registry or by clicking here.
Where can I get more information?
If you would like further information about your treatment and care, you should speak with your treating team.
If you would like further information about appeals, information about contacting the Mental Health Court Registry can be found here.
Further information regarding your rights as a patient can be found in the video below or by clicking here.
The Mental Health Review would like to credit West Moreton Hospital and Health Service with the development and design of the video.