Applicant Review
| Type of Review | Who May Apply |
|---|---|
| Treatment authority | • The person the subject of the authority • An interested person for the person the subject of the authority • The Chief Psychiatrist |
| Forensic order (mental health) | • The person the subject of the authority • An interested person for the person the subject of the authority • The Attorney-General • The Chief Psychiatrist, where an authorised mental health service is involved • The Director of Forensic Disability, where the forensic disability service is involved |
| Treatment support order | • The person the subject of the authority • An interested person for the person the subject of the authority • The Chief Psychiatrist |
| Fitness for trial | • The person whose fitness for trial is under review • An interested person for that person • The Chief Psychiatrist • The Director of Forensic Disability |
An interested person is:
• The person’s nominated support person.
• Another individual who has a sufficient interest in the person such as an advocate, lawyer, attorney, parent or guardian.
How to Apply for an Applicant Review:
To apply for an Applicant Review, an eligible individual must fill out the Application for Applicant Review and submit it to the Tribunal.
Application Form Availability:
• The application form can be found on the Tribunal’s website.
• Alternatively, a copy can be requested by reaching out to the Tribunal directly.
Submission Methods:
A completed application form may be sent to the Tribunal via post, fax or email.
The Tribunal can issue orders to revoke, change the category, or modify conditions of an
authority/order, but it cannot change medication or the doctor. The orders that the
Tribunal can make for each type of review are:
Treatment Authority:
• revoking the treatment authority.
• changing the category of the treatment authority from inpatient to community or
community to inpatient.
• a transfer to another authorised mental health service.
• changing the level of community treatment.
• changing or removing conditions to which a treatment authority is subject.
Forensic Order:
• revoking the forensic order.
• changing the category of the forensic order from inpatient to community or
community to inpatient.
• a transfer of responsibility for a forensic patient to another authorised mental health service or forensic disability service or changing the level of community treatment.
• changing or removing conditions to which a forensic order is subject.
Treatment Support Order:
• revoking the treatment support order.
• changing the category of the treatment support order from inpatient to community or community to inpatient.
• a transfer to another authorised mental health service.
• changing the level of community treatment.
• changing or removing conditions to which a treatment support order is subject.
Fitness For Trial:
• the person is fit for trial.
• the person is not fit for trial.
The Application for Applicant Review form can be found on the MHRT website