For a patient to be represented to appeal a decision of the Mental Health Review Tribunal to the Mental Health Court under the Access and Equity Pilot, the following tests must be satisfied:
- The patient was eligible to be represented at the Mental Health Review Tribunal under the Access and Equity Pilot.
- The matter meets the merits test.
Applications relating to an appeal of an MHRT decision after a merit opinion has been conducted will be referred to the Senior Grants Officer for determination.
Interpretation
A patient is eligible to receive legal advice or legal representation under the Access and Equity Pilot for the purposes of an appeal to the Mental Health Court, only if they were also eligible for legal advice or legal representation under the pilot for their hearing before the Mental Health Review Tribunal (MHRT). Representation at an appeal before the Mental Health Court under the Access and Equity Pilot is also subjects to the merits test.
The investigation of the patient’s prospects of success to appeal a decision of the Mental Health Review Tribunal under the pilot will be referred to an in-house lawyer of Legal Aid Queensland.
When the in-house lawyer has completed investigations, the in-house lawyer is required to provide advice to the assessing officer in relation to the client's prospects of success.
Allocation of a solicitor
Appeals to the Mental Health Court will be provided on an in-house basis by an in-house lawyer of Legal Aid Queensland unless there is a conflict of interest.
Grant(s) of aid
The service order to investigate a patient’s prospects of appeal against a decision of the Mental Health Review Tribunal under the Access and Equity Pilot is PMC1.
Extension(s) of aid
If it has been determined the patient has prospects of success, the service order to represent the patient on an appeal before the Mental Health Court under the Access and Equity Pilot is PMC2.
Review of decisions
A request to review a decision will be determined by a Grants Manager.