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Statements of Reasons

A statement of reasons is a document that explains why the Tribunal made a decision at a particular proceeding. 

The Mental Heath Act 2016 provides that a person who was entitled to receive notice of a Tribunal decision in accordance with section 755(1) may request a statement of written reasons for that decision. For the Tribunal's most common hearings, those persons are: 

 

For review of a treatment authority

  • the person subject to the authority (the patient)
  • if the hearing was an applicant review, the applicant
  • the Administrator of the relevant authorised mental health service
  • if the hearing involved a 'classified patient' the Chief Psychiatrist

For review of a forensic order

  • the person subject to the order (the patient)
  • if the hearing was an applicant review, the applicant
  • if an authorised mental health service is responsible for the person, the Administrator and Chief Psychiatrist
  • if the Forensic Disability Service is responsible for the person, the Administrator and the Director of Forensic Disability
  • the Attorney-General 

For review of a treatment support order

  • the person subject to the order (the patient)
  • if the hearing was an applicant review, the applicant
  • the Administrator of the relevant authorised mental health service
  • the Chief Psychiatrist

For review of a person's fitness for trial

  • the person
  • if the hearing was an applicant review, the applicant
  • if an authorised mental health service is responsible for the person, the Administrator and Chief Psychiatrist
  • if the Forensic Disability Service is responsible for the person, the Administrator and the Director of Forensic Disability
  • the Attorney-General 

For an application for electroconvulsive therapy 

  • the person the subject of the application (the patient)
  • the applicant (the doctor)
  • the Administrator of the authorised mental health service listed in the application as the service in which the ECT will be performed

For an application for an examination authority

  • the applicant

 

The Tribunal must comply with a valid request for a statement of reasons within 21 days after the day it receives the request.

If you would like to request a statement of reasons for a hearing in which you received notice of the Tribunal's decision, please make a written request via email or post which states:

  • your name
  • if you are not the patient, the patient's name
  • the date of the hearing

Legal representatives: if you are requesting a statement of reasons on behalf of your client, please state this in your request. 

Treating teams: if you are requesting a statement of reasons under a delegation from the Administrator of your authorised mental health service, please state this in your request. 

Please note that where the Tribunal adjourns a hearing, the Tribunal is yet to make its decision and so a statement of reasons cannot be provided. 

The Tribunal's contact details can be found here - Contact | MHRT