What is the Mental Health Tribunal?
The Mental Health A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. (MHT) was established by the MHA 2014. The MHT is a Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. body that is independent from the mental health services. Its primary role is to decide whether a person requires compulsory mental health treatment.
The MHT must interpret all statutory provisions consistently with the Charter of Human Rights and Responsibilities A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2006 (Vic) (‘Charter’), so far as that is possible and consistent with its purpose.
The MHT is considered to be a public authority under the Charter when applying and interpreting the provisions of the MHA 2014. Therefore, the MHT is bound as a public authority to act compatibly with Charter rights.
What matters does the Mental Health Tribunal hear?
The MHT also conducts hearings in relation to:
- whether electroconvulsive therapy (ECT) should be given;
- Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. patients;
- the transfer of a person’s treatment to another health Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence.;
- applications to perform neurosurgery for mental illness.