Stakeholder Series

Our Systemic Advocacy team has written a short series of articles introducing and explaining the role of prominent organisations that play key roles in oversight in the mental health system. The articles outline what these organisations do, and, where applicable, what relationship they have to CoMHWA. Read on to learn more about the Mental Health Tribunal.

What is the Mental Health Tribunal?

Consumers who are being held in hospital involuntarily or being treated involuntarily in the community in Western Australia have some rights under a law called the Mental Health Act 2024 (WA). One of those rights is that they can have decisions about their involuntary status and who is treating them reviewed by an independent body called the Mental Health Tribunal (Tribunal).

The Tribunal must review every new involuntary treatment order within 35 days (10 days for children). After the first hearing, the Tribunal will review involuntary treatment orders on a regular basis. Consumers don’t need to apply to the Tribunal for these reviews, as they are scheduled automatically.

Consumers, and other interested people, including carers, can ask the Tribunal to hold a hearing to decide:

• To declare an involuntary treatment order invalid.
• To review the necessity for a consumer to be in a hospital as a long-term voluntary patient.
• To issue a notice to a service provider is not following the regulations.
• To review a psychiatrist’s decision to limit a consumer’s right to communication and access to information.

Some treatment decisions can only be made with the approval of the Tribunal. This includes the administration of Electro-Convulsive Therapy (ECT) and psychosurgery.

At a hearing, the Tribunal is made up of an independent panel with a psychiatrist, a lawyer and a community representative who review each case and make a recommendation to the treatment team, or make an order amending, maintaining or cancelling the involuntary treatment order. If you disagree with the decision made by the Tribunal, you can appeal the decision to the State Administrative Tribunal and ultimately the Supreme Court.

It is the position of CoMHWA that consumers should have access to peer services and advocacy, including legal representation, at every stage of the Tribunal processes. If you have a hearing listed or need some legal advice concerning the Mental Health Tribunal, you may be able to get assistance from the Mental Health Law Centre or the Mental Health Advocacy Service.