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What is the Mental Health Review Tribunal?
What is the role of the Mental Health Review Tribunal?
Can victims of crime appeal a decision of the Mental Health Review Tribunal?
Can someone have a forensic order revoked?
The Mental Health Review Tribunal (MHRT) is an independent statutory body established under the Mental Health Act 2000 (Qld), which comprises the President and other members including lawyers, psychiatrists and other people with relevant mental health experience.
For further information on the MHRT, go to www.mhrt.qld.gov.au
The Mental Health Review Tribunal (MHRT) reviews the cases of people being treated under the Mental Health Act 2000 and protects their rights and interests.
The functions of the MHRT include:
· reviewing the mental condition of the person and determining whether they should continue to receive involuntary treatment and remain on a forensic order
· approving the amount and conditions of the person’s limited community treatment
· reviewing whether the person is fit for trial (if they have been deemed temporarily 'unfit for trial’ by the Mental Health Court).
No. However, a victim can make a submission to the Tribunal to assist in its decision making. The Tribunal must give reasons for taking, or not taking, a submission into account. A victim can ask the Tribunal to provide those reasons. The Queensland Health Victim Support Service (QHVSS) can assist a victim to make the submission to the Tribunal.
You can contact the QHVSS on Freecall number 1800 205 008 or through their website.
If the MHRT decides the person is fit for trial, the person is returned to court in the criminal justice system within seven days. On returning to court, the forensic order is removed for that specific offence.
The MHRT can only revoke a forensic order if it is satisfied that the person is not an unacceptable risk to their own or other's safety. This is determined following consideration of the person's history of mental illness, their current mental state and the nature of the offence.
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