Media Release

Review into Mental Health Review Tribunal begins

28 August 2017

​Minister for Mental Health Tanya Davies and Attorney General Mark Speakman today announced the opening of public submissions for the Review into the operation of the Mental Health Review Tribunal (MHRT).

To support the Review, being led by the Hon Anthony Whealy QC, a detailed Discussion Paper outlining the current operation of the MHRT has been released.

“The Review will examine all aspects of the operations including how the Tribunal makes decision on applications for leave, the release of forensic mental health patients and ways to better support victims,” Mrs Davies said.

“All registered victims of forensic patients will be invited to contribute to the Review, to ensure their voices are heard.”

Written submissions will be open to the public for eight weeks during which time the Review team will conduct individual and group consultations, as well as an assessment of international best practice.

Mr Speakman said the Review will closely consider if current law and Tribunal procedures appropriately balance community safety, the interests of victims and their families, and the care and treatment needs of forensic patients.

“The opening of public submissions and release of the Discussion Paper provides community members and stakeholders the opportunity to meaningfully engage with the Review team,” Mr Speakman said.

Victims groups, mental health advocates, people with lived experience of mental illness, health, law enforcement and legal professionals are encouraged to make a written submission.

The Discussion Paper provides a current overview of the Tribunal in four key areas:

  1. Leave and release decisions
  2. Engagement of victims
  3. Prohibition on publication of namesand
  4. Appointment of tribunal members.

The final report, due at the end of the year, will outline recommendations for improved policy, legislation, administration and practice.

To make a written submission or for more information: Review of the Mental Health Review Tribunal in respect of forensic patients.

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