Appeals against certain Chief Psychiatrist decisions and Administrator decisions

Appeals

The Tribunal hears appeals against:

  • Particular decisions of the Chief Psychiatrist
  • Decisions of Administrators of authorised mental health services to refuse to allow a person to visit a patient in their service
Note that the reference to the Chief Psychiatrist applies as if it were a reference to the Director of Forensic Disability and a reference to an Administrator of an authorised mental health service applies as if it were a reference to the Administrator of the Forensic Disability Service.

To commence an appeal, please complete the relevant form found at Forms. The appeal must be made within 28 days of receiving the decision notice, or becoming aware of the decision.

Appeals against Chief Psychiatrist decisions

If the Chief Psychiatrist makes a decision in relation to the following matters, the affected patient may appeal to the Tribunal.

  • Decision to revoke an information notice
  • Decision to refuse an application for an information notice
  • Decision to refuse to amend a nominee on an information notice

If the Chief Psychiatrist makes a decision about the following matters, the applicant for the information notice or the person entitled to receive information under the notice may appeal to the Tribunal.

  • Decision to revoke an information notice
  • Decision to refuse an application for an information notice
  • Decision to refuse to amend a nominee on an information notice

Appeals against Administrator's decision

An Administrator of an authorised mental health service may refuse to allow a person to visit a patient in the service if they are satisfied the proposed visit will adversely affect the patient’s treatment and care. The person who is refused visitation rights may appeal to the Tribunal.

FAQs

These are some of the most frequently asked questions.

When will my appeal hearing take place?

The appeal process is started by lodging the appeal form with the Tribunal. The Tribunal will then organise a hearing as soon as practicable. You will be notified of when and where the hearing will be via a written notice of hearing. If the appeal relates to the Chief Psychiatrist decision regarding inpatient category or suspension of limited community treatment, the Tribunal must give you three days notice of the hearing, unless you agree to a shorter time period.  For all other decisions, the Tribunal must give you seven days notice of the appeal hearing.

Can I be represented at the appeal hearing?

Yes, you have a right to be represented. If you have chosen representation, please advise the Tribunal office of your representative’s name and contact details.

What is a stay of decision?

The Tribunal may stay a decision or grant a stay. If the Tribunal grant a stay, this means the original decision by the Chief Psychiatrist or Administrator is placed on hold and won’t take effect until the Tribunal can hear the appeal in full.  

What decisions can the Tribunal make?

The Tribunal can:
• Confirm the decision appealed against. This means the     decision of the Chief Psychiatrist or Administrator will remain.
• Set aside the decision appealed against and substitute     another decision; or
• Set aside the decision appealed against and return the     matter to the person who made the decision with directions the Tribunal considers appropriate.

For information about appeals against decisions of the Tribunal, please refer to Appealing a tribunal decision | Queensland Courts.

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