The Tribunal’s main job is to review every new involuntary treatment order, that is still in place at the time of the hearing, made by psychiatrists in Western Australia within 35 days (10 days for children). This is an ‘initial review’ (s 386).
Our hearings
What is a hearing?
A hearing is a meeting where the Tribunal listens to the participants’ views and then makes a decision. Participants may include:
the patient;
the patient’s carer, close family member, or other personal supporter;
someone chosen by the patient to attend;
The patient’s representatives (a legal practitioner, mental health advocate, or other advocate approved by the Tribunal); and
The treating team (the psychiatrist and a case manager or nurse).
How hearings are conducted
When the Tribunal holds hearings it usually sits in a panel of three. The panel consists of a legal member, a psychiatrist member and a community member.
The legal member is always the ‘presiding member’. This means that the legal member manages the hearing and delivers the decision on behalf of the three Tribunal members. Legal members also decide all questions of law (including questions about how the law applies to the facts). A majority of the three members decides other questions.
Where Tribunal hearings are held
The Tribunal holds its hearings at the hospital or health service treating the patient or by videoconference (all regional and some metropolitan hearings).
What happens at a Tribunal hearing
At the hearing, the Tribunal will listen to the information presented by the participants before making its decision.
The treating psychiatrist will prepare a medical report on the patient’s condition and provide a copy to the patient prior to the hearing.
The formal rules of evidence do not apply.
In conducting hearings and making decisions, the Tribunal must have regard to the Objects of the Act (s10) and the Charter of Mental Health Care Principles (s11 and Schedule 1).
At the end of each hearing, the Tribunal tells the patient its decision, and the reasons for its decision.
Key requirements to hearings:
The hearing must be:
as informal as possible.
only as long as it needs to be.
not overly technical; and
procedurally fair.
The hearing must be private. Criminal penalties may apply for unauthorised disclosure of private information.
Tribunal proceedings are free.
The Tribunal does not charge application or hearing fees.
Initial and periodic reviews
01.
Review every new involuntary treatment orders
02.
Three month review
The Tribunal reviews each order again every three months (every 28 days for children) whilst the order remains in place. This is a ‘periodic review’ (s 387).
03.
Six month reviews
Once a patient has been on a community treatment order for more than a year, the Tribunal reviews the order every 6 months.
A person who has been placed on an involuntary treatment order does not need to ask the Tribunal to hold the hearing as it will be automatically scheduled.
Where required, the Tribunal will arrange for an interpreter (for the patient) to attend the hearing.
