Hearings Questions and Answers

What is the purpose of a hearing?

The Tribunal conducts a hearing so that all the people involved in making a decision about a person’s state of mental health can talk about it. The Tribunal needs to hear from all the people concerned so it can make the right decision.

Who will be at the hearing?

Your treating psychiatrist, your case manager, your legal representative, the Tribunal members, and anyone who you would like to have along for support, such as a family member or friend. Legally appointed guardians are also expected to attend.

Sometimes a person who has a particular interest in the proceedings, such as a doctor or medical student, may attend the hearing as an observer. The Tribunal will ask your permission to have the observer present at the hearing.

Tribunal hearings are not open to the public.

Who gets to speak at the hearing?

Most of the people who attend, including yourself.

What if English is not my first language?
If you need an interpreter, then, as far as possible, either Mental Health Services or the Tribunal will make arrangements for one to attend.

What happens at the hearing?

The presiding member of the Tribunal makes the opening welcome and introductions. One or more of the Tribunal members may be in a different location, so will be linked into the hearing by video conferencing. You will see them on a television screen, and they will have a screen at their end to see you.

The Tribunal members will begin by asking questions. They may ask questions of the treating psychiatrist, the case manager, of you, or anyone else involved. You will be asked if you have anything you wish to say, or any questions you would like to ask. You have the right not to speak if you so choose, and let your legal or other representative speak on your behalf.

The Tribunal may adjourn the proceedings to make its decision in private. This is generally done straight away. The Tribunal then calls everyone back in to the hearing room and gives its decision to everyone involved in the hearing.

Does there have to be a legal representative?

If a person strongly objects to it they do not have to have a lawyer. However, it is recommended. A lawyer will explain the law to you and make sure that your rights are met. Usually someone from Legal Aid or Aboriginal Legal Aid will be available. You may choose to engage your own private legal practitioner. If you do so you will have to pay the cost yourself. In some instances the Tribunal appoints a private legal practitioner and pays the costs.

Who will know about what happens at the hearing?

Everyone who attends the hearing must keep the matter private. The Tribunal members, Mental Health Services staff and legal representatives are all bound by confidentiality and are not permitted to discuss the proceedings with outsiders. The Tribunal’s decision may be told only to people who need to know, (eg medical and nursing staff).

What arrangements are in place for people in remote areas?

Some hearings may take place by video conferencing or telephone conferencing where those facilities are available. In some instances Mental Health Services will bring the person to the nearest hearing location.

How will I know that a hearing is going to take place?

Usually, a case manager or treating psychiatrist will give you a Notice of Hearing from the Tribunal and explain about the hearing. In some instances the Tribunal will send a notice of hearing directly to you.

What are my rights?

The treating psychiatrist has the responsibility to show you copies of any documents they send to the Tribunal as evidence, such as medical reports. The doctor should also explain when and where the hearing will take place, and what they intend to tell the Tribunal at the hearing.

Do I have to attend the hearing?

It is a person’s right to attend a Tribunal hearing and have the opportunity to present their case. If you have a strong objection to attending the hearing, the Tribunal will ask for proof that you have declined to attend of your own free will. If satisfied that is the case, the Tribunal can decide to proceed with the hearing in your absence.