Representing Mentally Ill and Intellectually Disabled Clients in QLD

18.0 - The Mental Health Review Tribunal

The Mental Health Review Tribunal commenced operations in February 2002 and arguably, represents the key statutory safeguard intended to balance the rights and freedoms of involuntary patients with the rights and freedoms of others. The Tribunal also has a responsibility to consider the protection of the community and the interests of victims of crime committed by persons subject to the Act. The Tribunal consists of a full time President and a multi-disciplinary panel of professional members, predominantly lawyers, psychiatrists or doctors, and community representatives with relevant professional experience such as social workers.

Section 437 of the Act outlines the Tribunal's jurisdiction, which includes:

  • Applications for the review of treatment criteria for patients subject to Involuntary Treatment Orders (ITO's);
  • Reviews of Forensic Orders (FO's);
  • Reviews of the detention of young patients in high security units;
  • Determining the mental condition of persons to determine fitness for trial;
  • Hearing applications by patients to move outside Queensland;
  • Hearing treatment applications regulated under the Act; and
  • Hearing appeals against decisions of a mental health service to refuse to allow persons to visit an involuntary patient.

One of Tribunal's key functions is to review the application of the treatment criteria to involuntary patients. A review must take place within six weeks after the initial imposition of the ITO and afterwards at intervals of not more than six months, unless the patient, or a person on the patient's behalf, or the Director of Mental Health appointed under section 188 applies for an earlier review. Alternatively, the Tribunal may on its own initiative carry out a review of the application of the treatment criteria under section 187(3). Following the review, the Tribunal must, under section 191, either confirm or revoke the ITO and decide whether the category of the order should continue or whether the Tribunal should change the order to either an in-patient or limited community treatment category.

Tribunal proceedings are conducted in an informal conference room with all participants being present at one time to afford involuntary patients the opportunity to participate in all matters before the panel. In keeping with this inquisitorial hearing approach, the Tribunal need not abide by the rules of evidence, and may inform itself on a matter in any way it considers appropriate. However, the Tribunal must observe the principles of natural justice and conduct its proceedings according to what amounts to a fair and proper consideration of the issues before it. Despite these requirements the Act confers a wide discretion to conduct proceedings as the Tribunal considers appropriate. For instance, although the Act provides that the Tribunal must exercise its jurisdiction in a way that is fair, economical and informal and timely, it also allows it do all that is convenient in relation to the exercise of its jurisdiction under section 439.

Click here for more information