BEFORE – How do I prepare for a hearing?

Notification of Hearing

How You'll Be Informed

The Mental Health Review Tribunal (Tribunal) will send you a letter called a Notice of Hearing. This will have the details of when and where your hearing will take place. You will also receive a Self-Report which can be filled out to help you tell the Tribunal what you think is best for you.

Location

Hearings are usually at your local mental health service, which may be a hospital or a community mental health centre. Hearings can be in person, by telephone, or video.

The video below will provide you with more information about the hearing process.

Transcript of MHRT Before the hearing video.pdf

Prepare for your hearing

Get someone to help you

People that can help you include:

  • Members of your treating team - They can help by answering questions you might have about why they think you need the treatment.
  • Family, friend, or carer - They can help you prepare, and they may attend the hearing with you. ‍
  • You can also make somebody your Nominated Support Person. Click here for more information on Nominated Support Persons.
  • An Independent Patient Rights Adviser (IPRA) - An IPRA can help you understand what will happen at the hearing. They can provide you with information about your rights and how you can have your say at the hearing. For more info on IPRA, click here.
  • A lawyer - You may also wish to speak to a lawyer. You don’t have to, but if you want to, a Community Legal Centre may be able to help you. For more information on your legal rights, visit our Information Sheets page.
  • An interpreter -The Tribunal can arrange for an interpreter to be present at your hearing to help you have your say. If you need help with an interpreter, please contact the Translating and Interpreting Service.
Read your clinical report

Your treating team/doctors will give you a report called a clinical report. They should give you this report 7 days before your hearing. This will have information about why they think you need treatment. It is a good idea to read this report and plan what you will say if you do not agree with it.

Complete a Self-Report

You can complete a report called a Self-Report.

Using the Self-Report, you can plan and write down what you want to tell the Tribunal.

This might include:

  • what you think about your treatment
  • whether you would like to be treated in the community or hospital
  • who can support you to stay well
  • if you don't agree with something in the clinical report.
Discuss with your treating team how you want to participate

You have the option to participate in the hearing in the following ways:

  1. by attending in person
  2. telephone
  3. video conferencing

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 order 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. Fore 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 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 TA is revoked before the hearing date?

You will not have a hearing.

Still have questions?

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