ACT Magistrates Court & Tribunals

MENTAL HEALTH TRIBUNAL

OTHER FUNCTIONS OR POWERS

Under the Mental Health (Treatment and Care) Act 1994, the Mental Health Tribunal may do all things necessary or convenient in connection with the performance of its functions

It should also be noted that the Tribunal will sit at times and places in the ACT as the President determines appropriate. Additionally, proceedings before the Tribunal in respect of a person (other than a child) are held in private unless:

Ø The person subject to a proceeding requests the matter be held in public; or

Ø The Tribunal orders otherwise.

Where proceedings relate to a child (ie: a young person under the age of 18 years), the Tribunal will always hold the proceedings in private.

DURATION OF ORDERS

The Tribunal may make a Mental Health Order for a period of up to but not exceeding 6 months. The duration of the order is nominated at the time of hearing.

Restriction Orders cease to have effect after 3 months of making the order.

PRESCRIBED DRUGS OR CLINICAL PROCEDURES

The Tribunal cannot make any orders with regard to the administration of a particular drug or the way in which a particular clinical procedure is to be conducted.

[Note: This does not apply to Electro-Convulsive Therapy or Psychiatric Surgery]

REVIEW

The Tribunal may review a mental health order by way of application or of its own motion and a review may occur at anytime during the life of the order.

In situations where the Tribunal is satisfied that a person is no longer mentally ill or mentally dysfunctional, or the person remains mentally ill or mentally dysfunctional however, the person’s health or safety would not be substantially at risk and he/she is unlikely to do serious harm to others, the Tribunal may revoke the original order.

If the person remains mentally ill or mentally dysfunctional and it is appropriate to do so, the Tribunal may make an additional mental health order.

NON-COMPLIANCE

[Assessment Orders]

Where a person has failed to attend an assessment as ordered by the Tribunal, the Tribunal may make an order for their apprehension and removal to a mental health facility for the purposes of conducting the assessment.

An order for a person’s removal may be executed by a Police Officer.

This power is used as a last resort.

[Mental Health Orders]

Where a person is the subject of a mental health order and he/she refuses to comply, the Chief Psychiatrist or the Care Coordinator (depending on the nature of the order) or their nominated delegate, is authorised to initiate breach action and if necessary, authorise the detention of the person in an approved mental health facility to ensure compliance. Prior to taking such action, the Chief Psychiatrist or Care Coordinator (or their delegate), shall inform the person verbally of their failure to comply and the consequences of their refusal to comply. If non-compliance continues, the Chief Psychiatrist or Care Coordinator (or their delegate), is then required to inform the person in writing of the consequences of non-compliance.

The Tribunal and the Office of the Community Advocate must be notified in the event of such action.

SUMMONS TO APPEAR

The Tribunal may issue a summons for a person to appear if satisfied that it is necessary for the purposes of the proceedings.

If a person is in the custody of another person, the Tribunal may order that the other person ensure the attendance of the person subject to the summons.

ARREST FOR FAILING TO APPEAR

If a person fails to comply with a summons to appear before the Tribunal, the President may order the issue of a warrant for their apprehension. The warrant also authorises the apprehending officer to bring that person before the Tribunal and it may also authorise the detention of that person at a specified place until he/she is released by order of the Tribunal.

A warrant may be executed by a Police Officer

This action is, as with Orders for Removals, used as a last resort.

POWER TO OBTAIN INFORMATION

If the President is satisfied that a person is capable of providing information or alternatively, producing a document relevant to a proceeding, the President may require the person to provide the information and/or the documents required. In such a case, a written notice will be issued to the person who is in custody of the information sought.