Protective Division

Mental Health Stream

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Tribunal hearings

A hearing is a meeting between the patient, their advocate, lawyer or support person, their doctor (who is treating their mental illness) and other members of their treating team (such as case manager) and the Tribunal. It is where decisions are made about a patient’s treatment, and where patients can have their say about treatment.

Where they are held

Hearings are held in hearing rooms in the south, north and north west of Tasmania. These hearing rooms are in hospitals where the patient is being treated, a meeting room provided by the Department of Health or at the Tribunal at 38 Barrack Street in Hobart.

Video or teleconferencing can be used to enable people to take part in the hearings where they can’t attend in person. Due to COVID-19, some hearings are primarily occurring via videoconference and/or teleconference.

The Tribunal will send the patient, their doctor and a nominated responsible person a letter with the date, time and place of the hearing.

Attending the hearing: patients

The patient can decide whether or not they’ll attend a hearing:

  • if they attend, they have their say about their treatment to the Tribunal
  • if they don’t attend, the Tribunal may decide on treatment without the patient’s input.

Who else can attend

Lawyers

A patient has the right to be legally represented at hearings. They can:

  • arrange their own lawyer, or
  • ask Tasmania Legal Aid for someone to represent and support them. Call 1300 366 611.

Advocates

Advocacy Tasmania can provide support to patients. Its trained advocates can attend the hearing to help patients talk to the Tribunal. This service is free. Call Advocacy Tasmania on 1800 005 131.

Support people

A patient can bring a relative, carer, friend or other support person to the hearing, for support and help putting their views to the Tribunal.

Preparing for the hearing

Before the hearing, the patient should:

  • read the application for the treatment order and the treatment plan (the doctor who has applied for the order must give copies to the patient before the hearing)
  • show and discuss these papers with the lawyer, advocate or support person who is attending the hearing with them
  • think about what they want to say and discuss in the hearing.

What happens at the hearing

There is a Tribunal panel of three people:

  • a chairperson (who is a lawyer)
  • a psychiatrist
  • a person with experience in mental health.

The patient’s doctor and other people treating them for their mental illness may also be present (patients should tell the Tribunal if they’re not happy with someone being at their hearing).

At the hearing:

  • the doctor will give the Tribunal information about the patient and their treatment
  • the patient (or their lawyer/advocate) can ask questions, discuss the treatment, say if they agree with the treatment plan, and say if the plan causes them any hardship or discomfort
  • other people present can share relevant information.

After these discussions, everyone except the Tribunal panel leaves the room while the Tribunal considers the information it has heard.

Then, everyone is called back into the room to hear the Tribunal’s decision and its reasons for making that decision.

Confidentiality

Hearings are generally held in private and are not open to the public.

All information provided at the Tribunal hearing is kept confidential, except in extraordinary circumstances.

The Tribunal’s decision

Following the hearing, if the Tribunal determines that the patient should be on a treatment order, the patient and other relevant people will be given a copy of that treatment order.

Anyone attending the hearing can ask the Tribunal for a written statement of the reasons for the decision, either at the hearing or within 30 days of the hearing.

Once it has received this request, the Tribunal has 21 days to provide this written statement.

Appealing the decision

Anyone involved in the hearing can appeal the Tribunal’s decision. To do so, they must lodge an appeal with the Supreme Court, within 30 days of the Tribunal:

  • making its decision at the hearing, or
  • providing the written statement of its reasons.

Read more about the appeals process at the Supreme Court website.