The Mental Health Review Tribunal of New South Wales is a specialist tribunal dealing with

mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles stress, interpersonal relationships, and decision-making. Mental health ...

issues in

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, a state of Australia. It has

exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...

in terms of most mental health issues, although it may share jurisdiction on some issue with other courts, such as the

Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court i ...

. The tribunal came into existence on 3 September 1990.

Constitution

The tribunal is established under the and the . The acts give the tribunal a wide range of powers deal with the treatment and care of people with a

mental illness A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...

. The

Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

may appoint a president of the tribunal. The president is a full-time position and the office-holder is expected to devote the whole of their time to the role. The current President, since June 2012, is Professor Daniel Howard. The governor may also appoint deputy presidents of the tribunal. These roles may be full-time or part-time. At present, there are two deputy presidents appointed. Presidents and deputy presidents must either be lawyers or former judicial officers. The governor may also appoint members of the tribunal. These members can be either full-time or part-time members, although the tendency is to appoint part-time members. Members are usually appointed for a one-year term. Members are chosen because of their experience in mental health issues, and may be

psychiatrist A psychiatrist is a physician who specializes in psychiatry, the branch of medicine devoted to the diagnosis, prevention, study, and treatment of mental disorders. Psychiatrists are physicians and evaluate patients to determine whether their sy ...

s or persons with a suitable qualification or experience in the area. As at 31 December 2005 there were 103 part-time members, comprising 33 legal members, 31 psychiatrists and 39 other suitably qualified members.

Jurisdiction

The tribunal determines cases under the and the . It may also have jurisdiction to deal with cases under other laws. The tribunal has jurisdiction in respect of: *the release or disposition of persons acquitted of crimes by reason of mental illness; *whether a person is fit for further trial after a jury has found the person unfit for trial; *reviewing the cases of detained patients (both civil and forensic) to determine whether they should continue to be detained; *hearing appeals against a medical superintendent's refusal to discharge a patient; *making, varying and revoking community treatment and community counselling orders; *determining applications for treatments and surgery on detained patients; and *making orders for financial management where people are unable to make competent decisions for themselves because of psychiatric disability. In certain circumstances, an

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

may be lodged against the decision of the tribunal in either the NSW Civil and Administrative Tribunal or the

Hearings

The Tribunal conducts hearings in hospitals and community health centres throughout the

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...

, Illawarra, and

Hunter Hunting is the human activity, human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/hide (skin), hide, ...

regions, and also in and . The Tribunal conducts hearings for people living outside these areas either by videoconference or by telephone. A person may have a lawyer to represent him or her at a hearing. In some cases, non-lawyers can represent a person with the permission of the tribunal. In 2005 the Tribunal conducted 9,389 hearings.

References

External links

* * *{{website, http://www.mhrt.nsw.gov.au/, Official website Mental health law in Australia New South Wales courts and tribunals New South Wales Medical and health organisations based in New South Wales Courts and tribunals established in 1990

Constitution

Jurisdiction

Hearings

See also

References

External links