What does MHRT mean in BRITISH MEDICINE

The Mental Health Review Tribunal (MHRT) is an independent tribunal established in all states and territories that has the authority to review decisions relating to involuntary mental health treatment. It considers individual cases of people receiving, or facing treatment and decides whether to uphold, modify, revoke or discharge that treatment.

Anyone who has been detained by a mental health practitioner against their will for assessment and/or treatment, or anyone who has been placed on an involuntary treatment order may apply to the MHRT for a review.

You can make an application online via your state or territorial government’s website. Alternatively, you can make an application by writing to your state or territory’s MHRT office.

The timeline depends on each jurisdiction, but generally speaking it takes around 6-8 weeks from receipt of an application until a decision is made by the MHRT.

Reviews may be conducted under Part 5 of Mental Health Act 2016 (National Law), such as applications for discharge from detention and appeal against conditions imposed on detainees; as well as appeals related to community treatment orders under Part 3 of Mental Health Act 2016 (National Law).

In each jurisdiction there are three members involved in each case - two legal members and one medical member or psychiatrist who has significant experience with treating people with mental illness - that form a tribunal panel.

During hearings at the MHRT, both parties have an opportunity to present evidence about why their views should prevail, usually in form of written submissions or oral evidence from witnesses. After considering all relevant material and arguments put forward by both parties, the tribunal panel then makes its decision either at an oral hearing or after reviewing written material submitted by both parties.

Yes – decisions made by MHRT are legally binding but must comply with relevant state and national legislation governing involuntary mental health treatment. For example, if a case involves a community service order that requires voluntary compliance without any penalties being imposed upon non-compliance, then such orders will not be granted unless factors which justify such order are present based on legal requirements set out in applicable legislation. This means that tribunals cannot grant orders without first ensuring they meet these standards.

Yes - Appeals must normally be lodged within 28 days from date decision was issued unless special circumstances exist that may warrant extension of this period of time as determined by respective court jurisdictions where appeal is lodged.