Protective Division

Mental Health Stream
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Mental Health Stream

The Mental Health Stream of the Tribunal makes orders and/or conducts reviews under the Mental Health Act 2013 and the Criminal Justice (Mental Impairment) Act 1999. It protects the rights, safety, inclusion and dignity of people being involuntarily treated for mental illness.

The Tribunal’s main function is:

  • to authorise and review the treatment of people with mental illness, who don’t have the capacity to make decisions and provide informed consent for treatment.

This includes deciding:

  • when people with a mental illness can be detained in a hospital or other treatment facility
  • what treatment a doctor can provide when it has been decided that the person is too unwell to make treatment decisions for themselves.

The Tribunal is independent. It is not connected to any hospital or other facility or organisation that provides mental health services.