What we do
The Mental Health Tribunal is an independent decision-making body established by the Mental Health Act to safeguard the rights of involuntary patients in Western Australia.
The Tribunal’s main job is to review every involuntary treatment order made by a psychiatrist in Western Australia. However, the Tribunal can also decide many other questions under the Act.
In this section we tell you more about what we do and how we do it. We provide information on our hearings, what we can decide, our decisions and reasons, and review by the State Administrative Tribunal.
Our hearings
The Mental Health Tribunal WA holds informal, private, and free hearings where a three‑member panel (a legal member, a psychiatrist, and a community member) listens to the patient, their supporters, legal representatives, advocates, and the treating team before making independent decisions about involuntary treatment. Hearings follow the Mental Health Act’s requirements, allow evidence and submissions, and include a medical report prepared by the treating psychiatrist. Interpreters are provided when needed, confidentiality is strictly protected, and decisions with reasons are given to the patient at the end of each hearing.
Hearings follow the Mental Health Act’s requirements, allow evidence and submissions, and include a medical report prepared by the treating psychiatrist. Interpreters are provided when needed, confidentiality is strictly protected, and decisions with reasons are given to the patient at the end of each hearing.
Our decisions and reasons
This page explains that at the end of each hearing, the Mental Health Tribunal provides the patient with its decision and oral reasons, which are clear enough for the patient to understand while also containing sufficient detail for the State Administrative Tribunal to review if needed.
Shortly after the hearing, the Tribunal sends a formal written Notice of Decision to all parties, outlining their rights to request the reasons and to apply for review. If a party requests reasons, they receive a transcript of the oral reasons given at the hearing, as the Tribunal does not prepare separate written reasons.
Review by the State Administrative Tribunal
Decisions of the Tribunal are reviewable by the State Administrative Tribunal (SAT).
Such matters fall within the SAT’s review jurisdiction and are conducted by way of a hearing de novo. In other words, the SAT is not confined to matters that were before the Tribunal and may consider new material whether or not it existed at the time of the Tribunal hearing. The purpose of the SAT’s review is to produce the correct and preferable decision at the time of the decision upon review.
The SAT may affirm the Tribunal’s decision, vary the Tribunal’s decision, or set aside the Tribunal’s decision and either substitute its own decision or send the matter back to the Tribunal for reconsideration.
The Tribunal’s decision remains in place whilst the SAT considers the matter.
Mental Health Act 2014
The Mental Health Act 2014 (WA) is our governing legislation. All Western Australian legislation is published on the website for the Department of Justice Parliamentary Counsel’s Office.
Mental Health Regulations 2015
All Western Australian legislation is published on the website for the Department of Justice Parliamentary Counsel’s Office.