Families and Support Persons

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.

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 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.