The Mental Health Tribunal is not a part of a hospital or clinic. It is an independent tribunal, even if hearings occur at the hospital or service, that makes decisions about treatment orders and whether people can receive electroconvulsive treatment (ECT).
Although it has legal powers, it is not as formal as a court. It has members who are doctors, lawyers and community members.
If you disagree with the decision you can:
- apply to the tribunal again later
- take other legal action, such as getting a second opinion or applying to the Victorian Civil and Administrative Tribunal.
What the tribunal does
The Mental Health Tribunal can decide:
- if you meet the criteria to receive compulsory treatment
- if you should be on a community treatment order instead of an inpatient treatment order
- to take you off a community, inpatient or temporary treatment order
- the length of your treatment order
- whether or not you meet the requirements for electroconvulsive treatment in certain cases.
Getting legal help at tribunal hearings
The Mental Health Legal Rights Service is a partnership between Mental Health Legal Centre, Victorian Aboriginal Legal Service and Victoria Legal Aid. You can contact the Mental Health Legal Rights Service Helpline on 1800 849 806, Monday–Friday, 10 am – 4 pm, for advice on what to expect and how the process works. They can connect you with more legal support, which may include legal representation for your hearing.
If you identify as Aboriginal and/or Torres Strait Islander, you can also directly contact the Victorian Aboriginal Legal Service on (03) 9418 5920 to access mental health legal support.
You can also ask an IMHA advocate to make a referral to the Mental Health Legal Rights Service or Victorian Aboriginal Legal Service for you. This service is free.
Getting support from our advocates
If you prefer to represent yourself at the tribunal, our advocates can help you understand how the tribunal works, and give you information which will help you get ready to speak on your own behalf.
In most instances our advocates will not attend tribunal hearings with you, but you can take a support person with you. We do not provide legal representation or specific advice about how the law applies in your particular situation.
Find out more about how we can support you.
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