Governance
The Mental Health Tribunal is a WA Government statutory body established by section 380 of the Mental Health Act 2014 (WA) (the Act).
The function of the Tribunal is to exercise the jurisdiction conferred on it by Part 21 of the Act.
Five types of statutory officers may be appointed pursuant to the Act:
One President appointed by the Governor on the recommendation of the Minister (s475);
Legal Members appointed by the Governor on the recommendation of the Minister (s476(2)(a));
Psychiatrist Members appointed by the Governor on the recommendation of the Minister (s476(2)(b));
Community Members appointed by the Governor on the recommendation of the Minister (s476(2)(c)); and
One Registrar appointed pursuant to Part 3 of the Public Sector Management Act 1994 (s483)
The statutory functions provided for in Part 21 of the Act include:
Decision-making by Tribunal Members in the exercise of the Tribunal’s jurisdiction occurs in accordance with the statutory powers in the Act. The exercise of the Tribunal’s jurisdiction is reviewable by the State Administrative Tribunal.
This Governance Statement pertains solely to decision-making in the context of administrative decisions arising in the operation of the Tribunal (including its Registry). The President is responsible for managing the business of the Tribunal. This responsibility derives from the President’s individual statutory powers as well as the President’s statutory power to direct the Registrar in the performance of the Registrar’s functions. Managing the business of the Tribunal includes responsibility for the day-to-day operational functions of the Tribunal (including its Registry). This Governance Statement outlines how the President meets these responsibilities.
statutory functions exercised only by the President (sections 382, 438, 472, 488, 492, 470, and 485);
statutory functions exercised only by the Registrar (sections 483, 492(6), and 467), although the President may direct the Registrar with respect to the performance of the Registrar’s functions and the Registrar must comply with such direction (section 485);
statutory functions exercised only by three individual members specified by the President in accordance with section 383;
statutory functions exercised only by five individual members specified by the President in accordance with section 385;
Achieving the Tribunal’s mission
The President’s primary role is to ensure that the Tribunal’s activities are directed towards achieving its mission of safeguarding rights and promoting compliance and accountability under the Mental Health Act 2014 by:
The President ensures that the Tribunal’s mission is achieved efficiently and effectively. All operational decision-making is directed towards achieving the Tribunal’s strategic objectives.
The President is accountable to the Minister for the governance of the Tribunal and all operational decisions and outcomes.
ensuring involuntary treatment authorised under the Act strictly complies with the provisions and objects of the Act;
ensuring involuntary treatment authorised under the Act strictly complies with the provisions and objects of the Act;
addressing non-compliance with prescribed requirements under the Act; and
providing independent review of the validity of involuntary treatment orders, the admission of long-term voluntary patients, the validity and appropriateness of nominated persons, and the reasonableness of certain decisions under the Act restricting freedoms and affecting rights.
For more information
A copy of the Tribunal’s Governance Statement is available here.