Overview of the Tribunal
The Mental Health Tribunal is an independent decision-making body established by the Mental Health Act 2014 (WA) (the Act). The Act refers to any person who receives treatment for their mental health condition as a ‘patient’.
Under the Mental Health Act, a person can be placed on an involuntary treatment order (without their consent) by a psychiatrist if the psychiatrist is satisfied, having regard to the criteria specified in section 25(1) of the Act, that the person needs an involuntary treatment order. An involuntary treatment order is either an in-patient treatment order or a community treatment order.
An involuntary treatment order made in respect to a person must be in force for as brief a period as practicable, be reviewed regularly and be revoked (ended) as soon as practicable after the person no longer meets the criteria for the order.
About the Tribunal
The Tribunal has a President and Tribunal members who make decisions under the Act.
Tribunal members are independent statutory officers appointed by the Governor of Western Australia, on the recommendation of the Minister for Mental Health. They do not work for the hospital or health service treating the patient.
When the Tribunal holds hearings, it usually sits in panels of three. One member of the panel is a lawyer, one is an independent psychiatrist, and the third is a member of the community who is neither a lawyer nor a medical practitioner.
The legal member is always responsible for delivering the Tribunal’s decision on behalf of all panel members.
The Tribunal will conduct a review hearing of each involuntary treatment order that is current at the time of the review hearing.
Initial Review Hearing
The purpose of a review hearing is for the Tribunal to determine whether the patient is still in need of the involuntary order. An Initial Hearing is conducted within 35 days (10 days for children) after the involuntary treatment order is made.
Revocation of Involuntary Treatment Orders
Many involuntary treatment orders are revoked (ended) by treating psychiatrists within these timeframes. In these circumstances, a review hearing is no longer required.
Periodic Review Hearings
After conducting an Initial Review hearing, the Tribunal reviews each involuntary treatment order again regularly (every three months for adults and every 28 days for children).
Overview of hearings
The patient's psychiatrist will also attend the hearing along with some members of the treating team
The Tribunal strongly encourages patients and their families to attend the review hearing. Patients may engage with an advocate from the Mental Health Advocacy Service or a lawyer from the Mental Health Law Centre prior to the hearing and the advocate and/or lawyer will also attend the hearing.
Information from hearings
The Tribunal makes decisions based on information provided at a hearing.
A hearing is a meeting
A hearing is a meeting where the Tribunal listens to participants’ views and then makes a decision.
Hearings are at a hospital orhealth service
The Tribunal usually holds its hearings at the hospital or health service treating the patient. Hearings in regional areas are conducted by videoconference.
The Tribunal is independent
The Tribunal is independent and is not part of the treating team or the health service.
At the end of the hearing
The Tribunal decides whether the patient is still in need of the involuntary treatment order. The Tribunal tells the patient its decision, and the reasons for its decision.