AGY-1911 | Mental Health Review Tribunal

Full description

The Mental Health Review Tribunal was constituted under the Mental Health Act, 1990 (Act No.9, 1990). (1) It is a quasi-judicial body whose jurisdiction is cast in broad terms by the Mental Health Act, 1990 and related legislation covering some 26 areas. (2)

A tribunal is constituted of a panel of three members : a legal member, a psychiatrist member, and another suitably qualified member. The Mental Health Review Tribunal consists of up to 44 part-time members from a wide variety of backgrounds and experience, who live and work in a variety of locations. (3) The Tribunal reviews particular hospital decisions on a wide range of matters and also plays a key role in the legislative scheme for community treatment and counselling orders, and may originate them on its own initiative. (4)

The Tribunal is charged with systematically reviewing all long-term informal patients, and all continued treatment patients and forensic patients. (5) It is also a surrogate decision-maker, after judicial review, particularly in relation to electro convulsive therapy (ECT), special medical treatments, and certain surgical detained and informal patients in hospital. (6) With the Magistracy, the Tribunal has the function of securing the civil rights of the mentally ill, particularly the right not to be detained unless found to be a 'mentally ill person" within the meaning of the Act, where there is no less restrictive alternative available. (7)

The Tribunal contributes to mental health policy formulation, management, and research through the collection and analysis of data, representations on committees, and the furnishings of such reports or statistics to the Minister. (8) The Tribunal also has the power to make or revoke orders under the Protected Estates Act, 1983. (9)

Footnotes and References:
(1) Mental Health Act, 1990
(2) Mental Health Review Tribunal Annual Report for the year ended 30 June 1990, p.3
(3) Mental Health Review Tribunal Annual Report for the year ended 30 June 1992, p.5
(4) Loc Cit, Annual Report 1990
(5) Op Cit
(6) Op Cit
(7) Op Cit
(8) Op Cit
(9) NSW Government Directory 2000