• The purpose of this policy is to provide a process for staff to follow when the Mental Health Tribunal is required as part of a person's treatment with Grampians Mental Health & Wellbeing Service.  

• Grampians Mental Health & Wellbeing Service provides treatment, care and support for people experiencing a mental illness and/or psychological distress with a recovery orientated focus, creating the opportunity for people to recover, gain confidence, competence, and resilience. At times, compulsory treatment under the Mental Health & Wellbeing Act 2022 and a Mental Health Tribunal hearing may be required.  
  

1. To provide clear procedures related to the Mental Health Tribunal  

2. To ensure requirements of the Mental Health & Wellbeing Act 2022 are met 

Nominated Support Person: Someone appointed by a person to support them to express their views and preferences if they become unwell and receive compulsory mental health assessment and/or treatment under the Mental Health & Wellbeing Act 2022.  

A person accessing the service: For the purposes of this document, a person accessing the service is another term, and may be used interchangeably with a consumer, client or patient who is accessing, or has accessed Grampians Mental Health & Wellbeing Service. 

Treating Team: For the purpose of this document, Treating Team refers to all Psychiatry, Medical, Nursing. Allied Health and Lived & Living Experience Workforce professionals within the relevant clinical setting. 

 When is a Mental Health Tribunal hearing required? 

A Mental Health Tribunal hearing will be scheduled when:  

• A persons Temporary Treatment Order is soon to expire 

• A Community Treatment Order has been varied to an Inpatient Treatment Order 

A persons Consultant Psychiatrist may make an application to the Mental Health Tribunal when:  

• Applying for an Inpatient or Community Treatment Order  

• Apply for ECT when the person accessing the service is unable to provide informed consent  

A person accessing the service may make an application to the Mental Health Tribunal when:  

• The person, or their representative, wishes to appeal a Treatment Order or Temporary Treatment Order 

• The Mental Health Tribunal is an independent body that is a key safeguard in the compulsory treatment of people experiencing a mental illness. 

• Assisting a person to have a positive experience and feel in control at a Mental Health Tribunal can strengthen relationships between the Treating Team and the person accessing the service.  

• A person and/or any support people for the person may attend a Mental Health Tribunal hearing in person, via MS Teams or via telephone.  
  Hybrid hearings with one Mental Health Tribunal member in-person and others via MS Teams may also be offered.  

• All Mental Health & Wellbeing Act 2022 forms should be sent to Grampians Health Health Information Services via MHWAForms@gh.org.auas soon as practicable.  

• All treatment plans made must be in consideration of the Mental Health & Wellbeing Act 2022 Decision Making Principles, the persons Advanced Statement of Preferences and views of the Nominated Support Person, if these provisions are in place.  

Making an application to the Mental Health Tribunal 

Initiated by the Treating Team 

When a Consultant Psychiatrist is required to make an application to the Mental Health Tribunal, the following process is followed: 

• The Consultant Psychiatrist will discuss with the person accessing the service, their Nominated Support Person, family and/or carers the recommended treatment plan and their rationale, including the application for a Mental Health Tribunal Hearing.  

• The Consultant Psychiatrist or delegate will complete the Mental Health and Wellbeing Act 2022 form corresponding to the need/request.  

• The completed Mental Health and Wellbeing Act form is emailed to Grampians Health Health Information Services via MHWAForms@gh.org.au 

Initiated by the person accessing the service  

A person receiving treatment under the Mental Health and Wellbeing Act 2022 has the right to appeal to the Mental Health Tribunal at any time when they are receiving treatment under the Mental Health & Wellbeing Act 2022.  
A person may complete the application process themselves outlined on the reverse of the MHWA 114 Application to Mental Health Tribunal form, or they may request the assistance of the Treating Team.  

In the instances where assistance from the Treating Team is requested, the following process is followed:  

• A member of the Treating Team will provide the person accessing the service with a copy of the MHWA 114 Application to Mental Health Tribunal to complete.  

• If the form is returned to a member of the Treating Team, the team member will email a copy of the completed form to Grampians Health Health Information Services via MHWAForms@gh.org.au 

• A copy of the completed form should be given to the person accessing the service 

• The original form will be sent to Grampians Health Health Information Services for scanning into the clinical file.  

Mental Health Tribunal Process 

When a Mental Health Tribunal hearing is applied for or allocated, the Treating Team will:  

• Provide resources and education on the Mental Health Tribunal to the person accessing the service, Nominated Support Person, family and/or carers. The team will also ensure that the person accessing the service is aware of how they can obtain legal advice through Legal Aid services and support the person to make contact if they would like and document these conversations in the clinical file.  

• The Grampians Health Health Information Services will be informed of the scheduled Mental Health Tribunal hearing date, which will be communicated to the Treating Team, the person accessing the service and Nominated Support Person, family and/or carers.  

• The Consultant Psychiatrist and Psychiatric Registrar will prepare the Mental Health Tribunal Report with supporting information. A guide to report writing can be found in Appendix 1 Writing Mental Health Tribunal Reports. 
  A copy of this report must be provided to the following people at least 2 business days before the scheduled hearing: 
  -Grampians Health Health Information Services via MHWAForms@gh.org.au 
  -The person accessing the service 
  -A persons Nominated Support Person 
  -Any family and/or carers that the person accessing the service consents to 
  The team member providing the copy of the report to any relevant people, will document this in the clinical file.  

Accessing the Clinical File 

A person accessing the service has the right to request to view their clinical file prior to a Mental Health Tribunal hearing.  
When a person wishes to view their clinical file, the following process is followed:  

• A member of the Treating Team will sit with the person accessing the service and use a laptop to navigate the BOSSNET file.  

• The person accessing the service can take notes but cannot be provided with printouts of the record.