Support for MHRT

Understanding MHRT

ADA Law can provide legal representation and support to people appearing before the Mental Health Review Tribunal.

Refer to Mental Health Legal Support for more information about the scope of our service.

How we can help

ADA Law provides free legal support including:

Help to submit applications for Review of Treatment Authorities and Orders.
Confidential legal advice about your rights, responsibilities, possible outcomes, and what to expect at the Tribunal hearing.
Help to prepare a submission to the Tribunal.
Representation at your Tribunal hearing (in person in South East Queensland, by phone in other areas).

About Mental Health Review Tribunal (MHRT)

The Mental Health Review Tribunal is an independent decision making body under the Mental Health Act 2016, who review and authorise or revoke proposed involuntary treatments and supports for people with mental illness and/or intellectual disability. This includes:

Review of Treatment Authority (TA) and conditions of the TA
Review of applications for approval to perform ECT to treat a person’s mental illness (where the person is a minor, can’t give informed consent or is subject to a TA or forensic order)
Review of applications for an Examination Authority which lets a doctor or mental health practitioner examine a person’s mental state
Review of forensic orders or treatment support orders made by the Mental Health Court when a person is found of unsound mind at the time they committed a criminal offence or are currently unfit for trial.

How will I know when my tribunal hearing is?

The Mental Health Review Tribunal will send you a letter called a Notice of Hearing. This will have the details of when and where your hearing will take place. You will also receive a Self-Report which can be filled out to help you tell the Tribunal what you think is best for you.

What happens before my hearing?

Get someone to help you. This could be your treating team, family/friend/carer, Nominated Support Person or a lawyer from a Community Legal Centre, such as ADA Law.

Read your clinical report and plan your response. A Self-Report can help you plan and write down what you want to tell the Tribunal.

What happens at hearing?

You will have the option to participate in the hearing either by:

Attending in person
Telephone
Video conferencing

An ADA Lawyer can attend the hearing with you – in person (depending on the location), or be with you on the telephone or video conference.

In most hearings, there will be 3 members (decision-makers). This includes:

a legal member
a medical member
a community member.

The members will read the clinical report and any other important information. They will read your Self-Report if you have provided one and any other information you provide. The members will give you a chance to have your say about your views on the order. After hearing what you think and hearing from your treating team, the members will take some time to make their decision.

In most cases the Tribunal will tell you the decision at the end of the hearing. You will also receive a written Notice of Decision in the post that gives you the Tribunal’s decision. This notice will give you information on what further options you can take regarding the decision made.

If you don’t agree with the Tribunal decision, you can appeal to the Mental Health Court.