Where the Tribunal has scheduled a hearing for your patient, it will require action by members of the treating team to ensure that the hearing proceeds smoothly.
The Tribunal has prepared a checklist to help treating teams with this process.
The Tribunal requires a comprehensive medical report addressing the s 25 criteria and the s 394(1) mandatory considerations at least 3 days prior to a patient’s hearing.
Doctors preparing medical reports for hearings are requested to use the Tribunal’s report template. For guidance notes on completing the report template click here.
The doctor must also provide a copy of the report to, and discuss it with, the patient at least 3 days prior to a patient’s hearing. It is the role of the treating team, not the Tribunal, to ensure that the patient is provided with a copy of the report within this time frame.
If the Tribunal does not receive all the information required to make a decision at the hearing, the hearing may be adjourned. If the patient has not had the opportunity to consider the information in the medical report and take advice on the contents of the report prior to the hearing, the hearing may also be adjourned. This can be distressing for the patient and therefore it is strongly encouraged that the medical report information is discussed with, and provided to, the patient prior to their review hearing
The Tribunal’s medical report template has been prepared by Tribunal psychiatrist members in consultation with treating psychiatrists throughout WA. It provides everything the Tribunal needs to know in the hearing. ‘Free-form’ style reports frequently do not address the relevant factors in sufficient detail to enable the Tribunal to make a decision. This prolongs the hearing, and makes the process more distressing for patients. Where the Tribunal’s medical report template is provided and discussed with patients in advance, less discussion of the medical evidence is needed during the hearing.