Treatment Authority

What is a Treatment Authority?

A Treatment Authority (TA) is a type of authority made by your doctor that means you can receive treatment and care for your mental health, even if you think you don't need it.

A TA can be made if the person meets the following treatment criteria:

the person has a mental illness
they do not have capacity to consent to be treated
because of the person’s illness, not starting or continuing treatment will likely result in:
- imminent serious harm to the person or others; or
- the person suffering serious mental or physical deterioration
there is no less restrictive way for the person to receive treatment for their mental illness.

Review of Treatment Authorities

The MHRT review the TA within 28 days of it being made and periodically after that.

You can apply for a review at any time by completing an application form. This form is called an Application for Applicant Review.

You don’t have to go to the review if you don’t want to, but it is about you so it’s a good chance to give your opinion. You don’t have to go alone. You may have a support person with you. In some cases, the Tribunal may agree to you having more than one person.

You can also be represented by a lawyer, a nominated support person or another person.

Legal Representation

You may 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, please click the following link:

www.communitylegalqld.org.au

Depending on what authority/order you are on, the MHRT may organise a legal rep for you. For more information, please click here or contact the MHRT on (07) 3338 8300

What does the Mental Health Review Tribunal do?

The Mental Health Review Tribunal (the MHRT, or the Tribunal) is an independent decision-making body whose job is to hold a hearing and decide whether you should be on a Treatment Authority (TA) or not.

The Tribunal is not part of your treating team. They do not make clinical decisions about your treatment, or medications.

They can:

decide whether you should stay on a TA or not
decide if treatment should be provided in the community or in a mental health service as an inpatient
approve or change limited community treatment (LCT or leave)
review or change other conditions of the TA.

FAQs

These are some of the most frequently asked questions.

What does "capacity to consent" mean?

A person has capacity to consent if they understand, in general terms, all the following:

a) they have a mental illness, or symptoms of an illness, that affects their mental health and wellbeing
b) what type of treatment they are receiving and why they are receiving it
c) the benefits and risks of receiving treatment, and other options for treatment
d) what could happen if they don’t receive treatment
e) can make a decision about treatment and communicate that decision in some way.

What are the review timeframes?

The MHRT hold periodic reviews as follows:
‍
1st periodic review - within 28 days of the TA being made
2nd periodic review - 6 months after the 1st periodic review
3rd periodic review - 6 months after the 2nd periodic review
4th periodic review - 12 months after the 3rd periodic review

Will I have a criminal history?

Being on a Treatment Authority does not mean you will have a criminal history.

Can my family make decisions for me instead of being on a TA?

For more information on the role of your family and support person, please click here.

Can my family members help with changing my treatment and medications under the TA?

No, you would have to speak to your treating team about that, but your family members could help you talk to them. You can also talk to the Tribunal about your views, wishes and preferences at your hearing.

What do I do if I disagree with the TA?

If you disagree with the decision made by the Tribunal you can:
‍
a) talk to your treating team about your preferences for treatment.
b) ask for the Tribunal for another hearing. You can do this by sending an Application for Applicant Review.
c) ask the Tribunal for a Statement of Reasons that provides you with more information on why the Tribunal made their decision.
d) appeal the decision to the Mental Health Court.
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For more information: click here

How do I know why I am on a TA?

Your treating team will give you a Clinical Report which explains why they think you need to be on a TA. You can also request a Statement of Reasons from the Tribunal if you want more information on the decision made at your hearing.

What are my rights under the Mental Health Act?

The resources at the following site can help you (or someone supporting you) understand your rights while you are on a TA. Statement of rights (for patients of mental health services)

What does “less restrictive” mean?

Less restrictive means that there is another way for a person to get treatment and care for their mental illness without needing to be treated without their consent.
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• for a minor – with the consent of the minor’s parent
• for somebody with an advance health directive (AHD) - under the AHD
• for somebody with a personal guardian – with the consent of the personal guardian
• if the person had appointed an attorney – with the consent of the attorney
• otherwise – with the consent of the person's statutory health attorney.

Still have questions?

Get in touch.

Contact

BEFORE the hearing DURING the hearing AFTER the hearing