Mental Health Review Tribunal

Introduction

The Mental Health Review Tribunal is an independent panel set up to make decisions about the treatment and care of people in the Northern Territory (NT) who suffer from a mental illness or mental disturbance. 

The panel is made up of a variety of people from the law and health professions and members of the community, who sit in on each hearing.

Every tribunal hearing is overseen by three people, including:

  • a legal member who is qualified as a lawyer
  • a medical member who is a qualified psychiatrist 
  • a community member who has expertise or specific interest in the area of mental health.

These pages have information for families and carers about the types of services the tribunal can provide - including treatment plans - for people living with a mental illness.


What the Mental Health Review Tribunal does

The Mental Health Review Tribunal looks at each patient's individual circumstances and make decisions about any of the following, including:

  • if a person should remain an involuntary patient after they have been admitted to a mental health facility
  • if a person should be treated as an involuntary patient but allowed to live outside of a mental health facility
  • whether a person should continue as a voluntary patient inside a mental health facility
  • non-standard treatments, such as electro-convulsive therapy, recommended by doctors for involuntary patients
  • hearing requests for reviews of a patient's admission or treatment
  • hearing appeals against a patient's admission or treatment.

Apply for a tribunal review

If you, or somebody you are the primary carer for, are given an involuntary treatment or an interim community management order, your doctor must inform you within 24 hours of your right for an early review by the tribunal. 

You must tell your doctor if you want an early review. This means you do not have to wait the standard two weeks before your case is heard by the tribunal.

Your lawyer should be contacted. Both they and your doctor will speak with you about the positives and negatives about asking for an early review.

You can request an early review directly to the tribunal or through your lawyer, who will make a written submission for your case to be heard.

To request an early review by the tribunal call 1800 604 622 or (08) 8944 8358, or send an email to AGD.ntcat@nt.gov.au.

Get help preparing for your review

If you have asked for a review by the Mental Health Review Tribunal you have the right to:

  • have a lawyer represent you, this can be either:
    • a private lawyer
    • a Legal Aid lawyer
    • a Aboriginal Legal Aid Service lawyer
  • have a family member, friend, carer (if you are the subject of the review) or community health representative be present during the hearing
  • use an interpreter if English is not your first language
  • have an Aboriginal health worker or liaison be present if you are an Indigenous person.

Your rights as a patient

If you have applied for the Mental Health Tribunal to review your case, either as a patient or a carer, you will need to have certain evidence ready for the panel to consider. 

You have the right to access medical records to present to the panel as part of your review.

If you are a patient you have the right to have your treating doctor or team present to assist you, especially in instances when heavy medication could affect your ability to fully understand what is happening during the hearing.

You also have the right to suggest a different course of treatment other than the one being offered to you by NT Mental Health. This could be an alternative already offered by NT Mental Health or one offered elsewhere.

As a patient involved in a review from the tribunal you are also legally allowed:

  • access to your medical records or any documents relevant to your case to present to the tribunal
  • to know exactly what information and recommendations your treating doctor or psychiatrist plans to tell the panel
  • to request copies of any other documents your doctor or psychiatrist plans to submit to the tribunal
  • access to a lawyer and the right to ask anybody else to speak on your behalf or in your defence at the hearing.

If you are a family member, friend or carer

You have the right to be present during a person's hearing with the tribunal. Although in some instances the tribunal panel has the right to limit the number of people who can be present.

You can write a letter to the tribunal in support of the patient seeking the review.

If you can't be there for the hearing you can request the panel phone you for a verbal statement in support of the review. You must tell the lawyer representing the patient if you wish to do this.


What to expect during your hearing

The reason for a tribunal hearing is so that each party involved in a review can express their concerns. 

Most hearings are conducted at the health facility a patient is being treated at. At a hearing you can expect the following people to be present:

  • the three-member tribunal panel
  • the treating psychiatrist, doctor and medical team
  • the lawyer of the person requesting the review
  • the applicant's case manager
  • requested family, friends or legal guardians or carers

Sometimes other medical professionals or students can be present at hearings as an observer. Hearings are not open to the public.

What happens at the hearing

Any or all of the above people present will have the opportunity to speak at the hearing.

At least one of the panel members, usually an appointed medical professional from another state, will view the case via audiovisual link.

The tribunal will ask questions. This can be to any or all of those present who have spoken with regards to the matter being considered.

If you are the subject of the hearing you have the right not to speak to the tribunal and allow others to speak on your behalf.

After the panel has heard all evidence they will usually adjourn the proceedings to make a decision in private.

This is generally done straight away. When they have made a decision they will call everyone back in to the hearing room to hear their decision.

Legal representation

You can go ahead with a review without legal representation however, legal representation is recommended. You can choose to have your own private lawyer represent you at  your own cost, or a government-appointed legal representative.

In some cases the tribunal can appoint you a private lawyer and cover the costs of your representation.

If you are the applicant requesting a review you also have the right to ask not to be present during the hearing. If you don't wish to be present the panel will ask for proof of this. If they are convinced the hearing will go ahead without you.

Privacy of the patient

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, such as medical and nursing staff.

Hearings in remote areas

If you live in a remote area your hearing may be heard via audiovisual link or through a telephone conference. Sometimes a patient may be transported by NT Mental Health to the nearest treatment facility for the hearing.


After the tribunal has made a decision

A tribunal can hand down a number of decisions relating to a patient's review. 

The panel may decide to do any of the following:

  • place the patient on, or extend a community management order
  • order the patient to remain an involuntary patient for up to three months for mental illness, or 14 days for mental disturbance
  • change your legal status from involuntary to a voluntary patient
  • discharge you from a health facility

Appeal the tribunal's decision

If you are unhappy with the Mental Health Review Tribunal's decision you can file an appeal to the Supreme Court

To have a matter heard by the Supreme Court you must be represented by a lawyer.

You should firstly discuss your case with your lawyer to find out whether you have grounds to ask for an appeal.