Families and Support Persons

Who can support or represent a person at a hearing?

A person who is the subject of a proceeding may be accompanied at the hearing by a member of their support network (e.g. a nominated support person (NSP), family member, carer or other support person). With the Tribunal’s permission, more than one person may provide support during the hearing.

The person who is the subject of a proceeding may also be represented at the hearing by an NSP, a lawyer or another person.

If a person does not already have a lawyer, the Tribunal will appoint a lawyer for a person at no cost, in the following instances:

if the person is a minor
for a review of a person’s fitness for trial
for an application for approval to perform electroconvulsive therapy (known as ECT)
for a review of a Forensic Order where the Attorney-General is to be represented.

Who is a nominated support person?

A person may appoint a family member, carer or other support person to be their NSP.

An NSP:

provides assistance and support to the person if they become unwell and become an involuntary patient
must be given all notices about the patient that are required under the Mental Health Act 2016
may discuss confidential information about the patient’s treatment and care
may represent, or accompany the person, in any hearings of the Tribunal
may request a psychiatrist report if the person is charged with a serious offence.

A person may appoint one or two NSPs.

The 'Nominated Support Person - Guide and Appointment Form' has been prepared by Queensland Health to assist persons to appoint an NSP. The guide and appointment form can be found here.

An NSP may resign by giving written notice to the appointing person.

To appoint or revoke the appointment of an NSP, the person must have the ability to understand the nature and effect of the appointment or revocation, freely and voluntarily make the appointment or revocation and communicate the appointment or revocation.

FAQs

These are some of the most frequently asked questions.

Do I need to stay in the hospital until my hearing?

If you are on a Treatment Authority or Treatment Support Order, your doctor may be able to change the category of the Treatment Authority or Treatment Support Rrder to community, so you wouldn't need to stay in hospital and can get your treatment in the community. However, if you are subject to a Forensic Order that is inpatient category, it will likely only be the Tribunal that can change the category to community which can only happen at a hearing.

Do I have to attend the hearing?

No. You don’t have to go to your hearing if you don't want to.
But, if you choose to go, then you don't have to go alone. You may have a support person attend the hearing with you.

I don’t want to attend the hearing. Can I send someone to the hearing instead of me?

You can be represented at the hearing by a lawyer, a Nominated Support Person or another person. Your representative has specific duties under the Mental Health Act 2016. For more information, please click here.

What happens if I don’t attend?

The hearing may still go ahead. If the hearing proceeds, the Tribunal will review the clinical report, your Self-Report if you provided one, and any other information provided at the hearing. They will use this information to make a decision even if you are not there.

What happens if my Treatment Authority is revoked before the hearing date?

You will not have a hearing.

Still have questions?

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