Chief Psychiatrist policy
This page includes information about the following Chief Psychiatrist policies.
| Policy | Support to the Mental Health Review Tribunal (PDF 219 kB) |
This policy is mandatory for all authorised mental health services (AMHSs). An authorised doctor, authorised mental health practitioner, AMHS administrator, or other person performing a function or exercising a power under the Mental Health Act 2016 must comply with these policies.
You can also find additional fact sheets, forms and resources that are available for this policy under the relevant subtopics on this page.
Introduction
The Mental Health Review Tribunal is an independent decision-making body under the Mental Health Act 2016.
The Tribunal's main role is to review the appropriateness of treatment authorities, forensic orders and treatment support orders made under the Mental Health Act 2016.
AMHSs must support the functions of the Tribunal and patients who are attending hearings.
Read our Mental Health Review Tribunal fact sheet (PDF 1025 kB) to learn more.
What the Tribunal does
The Tribunal reviews and hears applications on the following matters:
- review of treatment authorities
- making or reviewing forensic orders or treatment support orders
- review of fitness for trial of particular persons
- detention of minors in high security units
- application for examination authorities
- application for approval of regulated treatments including electroconvulsive therapy (ECT) and non-ablative neurosurgery
- applications to transfer particular patients into and out of Queensland.
The Tribunal also hears appeals against particular decisions made by the Chief Psychiatrist and AMHS administrators.
You can also find more information and resources about the Tribunal and what it does on their website.
How Authorised Mental Health Services must support the Tribunal and patients
Tribunal hearings can take place at AMHSs. The Chief Psychiatrist policy outlines the requirements for AMHSs and AMHS staff including providing:
- appropriate rooms for hearings that are safe and secure
- support staff to Tribunal members for administrative tasks
- technology to enable proceedings to be conducted by teleconferencing or videoconferencing.
AMHS staff must also be respectful of the:
- nature of the Tribunal proceedings
- rights and needs of the patients and others attending the hearings
- requirements of Tribunal members conducting hearings.
All staff at the AMHS should assist patients to attend hearings, particularly if they are inpatients.
The relevant treating psychiatrist for a patient must provide accurate and up to date clinical reports and other relevant documents, such as risk management plans, at least 7 days prior to a hearing.
Read the Support to the Mental Health Review Tribunal policy for more information and the specific requirements.
The policy also includes a checklist and audit tool that AMHSs can use to make sure they meet the requirements of the policy.
Patient legal representation at the Tribunal
Tribunal hearings are conducted in an informal manner and attendance by patients is promoted.
A patient can be represented at a Tribunal hearing by either a lawyer, nominated support person, or another person.
Patients are not expected to have a lawyer. However, patients may wish to be represented at a Tribunal hearing by a lawyer. Patients may employ (pay) a private lawyer to represent them.
Additionally, the Mental Health Act 2016 requires the Tribunal to appoint a lawyer at no cost to the patient for certain hearings including:
- if the patient is a minor
- for a review of a patient’s fitness for trial
- for an application for approval to perform ECT
- for a hearing for a forensic patient where the Attorney-General is to be represented.
A patient can also have a nominated support person, family member, carer or other support person attend the hearing with them. With the Tribunal's approval, more than one person may attend to support the patient.
Even if a patient is not represented, the Tribunal is required by law to provide a fair hearing.
Read the Legal representation at Tribunal hearings fact sheet (PDF 238 kB) to learn more or find out about patient rights.
Patients can also find out more about their rights and find legal support on the Queensland Government website.