Appeals

An appeal may be made to the Tribunal against certain decisions made by authorised psychiatric practitioners, or against an order authorising a person be detained for 7 days as an involuntary patient on the grounds of mental illness or mental disturbance.
Mental Health Services must tell patients about their review and appeal rights in respect of a decision made by the treating psychiatrist.

How can an appeal to the Tribunal be lodged?

By completing a form called “Appeal to the Mental Health Review Tribunal” and lodging it with the Tribunal. The form is available from the Tribunal and also at Mental Health facilities. Contact the Tribunal for further details.

How does the Tribunal conduct a review or hear an appeal?

The Tribunal members meet to hold a hearing. All of the people involved in the review or appeal attend the hearing. Tribunal hearings are informal in a “round the table” format. The Tribunal gives its decision at the end of the hearing

Is there a further avenue of appeal beyond the Tribunal?

A person may appeal to the Supreme Court against a decision made by the Tribunal