For a patient to be represented at the Mental Health Review Tribunal under the Access and Equity Pilot, the following tests must be satisfied:
- The Mental Health Review Tribunal has not appointed a lawyer under s740 of the Mental Health Act 2016, and
- The matter is to be heard in the Darling Downs Hospital and Health Service Region, and
- The patient consents to partake in the Access and Equity Pilot.
- The means and merits tests do not apply.
Interpretation
Under s740 of the Mental Health Act 2016 (the Act), the Mental Health Review Tribunal may appoint a lawyer to represent a patient at their hearing if the tribunal considers it would be in the patient’s best interests.
The tribunal must also appoint a lawyer to represent a patient for certain hearings including:
- if the patient is a minor
- for a review of a patient’s fitness for trial
- for an application for approval to perform ECT
- for a hearing for a forensic patient where the Attorney-General is to be represented.
Where the tribunal has not appointed a lawyer under the Act, the patient may be eligible to participate in the Access and Equity Pilot, provided the matter is to be heard in the Darling Downs Hospital and Health Service Region.
Queensland Health is responsible for determining whether a patient is eligible to participate in the Access and Equity Pilot. Where the patient is eligible to participate in the pilot, Legal Aid Queensland must receive a referral from the MHRT before a solicitor can be allocated.
Allocation of a solicitor
Representation in the Mental Health Review Tribunal will be provided on an in-house basis by a lawyer of Legal Aid Queensland unless there is a conflict of interest.
Grant(s) of aid
The service order to represent a client before the Mental Health Review Tribunal under the Access and Equity Pilot is PMH1.
Extension(s) of aid
The service order for additional preparation to support the client before the Mental Health Review Tribunal under the Access and Equity Pilot is PMH2.
The service order for additional conference / negotiation to support the client before the Mental Health Review Tribunal under the Access and Equity Pilot is PMH3.
The service order for additional appearance before the Mental Health Review Tribunal under the Access and Equity Pilot is PMH4.
Review of decisions
A request to review a decision will be determined by a Grants Manager.