Confidentiality Orders

In most circumstances, a consumer is entitled to information and documents that the Mental Health Review Tribunal (Tribunal) has received. However, there are times where this is not the case. For example, a consumer may not be able to access a victim impact statement or material that is subject to a confidentiality order.

If the Tribunal is considering making a confidentiality order, it will appoint a legal representative for the consumer and all the proposed confidential material will be disclosed to the representative.

At the hearing to decide if a confidentiality order should be made, the representative will act in the consumer’s best interests. The consumer cannot attend the part of the hearing where the confidentiality order is being discussed.

The Tribunal then have to decide if a confidentiality order should be made or not. The Tribunal can only make this kind of order where the disclosure of the information would:

cause serious harm to the health of the consumer; or
put the safety of someone else at serious risk.

If the Tribunal make a confidentiality order, the consumer can never access the confidential material. The Tribunal will provide reasons to the legal representative outlining why they made a confidentiality order.

Further information regarding these orders can be found on our Information Sheets page.

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