For a patient to be represented at the Mental Health Review Tribunal the following tests must be satisfied:
- A legal representative has been appointed by the MHRT under s740 of the Mental Health Act 2016.
- The means and merits tests do not apply.
Interpretation
Under s740 of the Mental Health Act 2016, the Mental Health Review Tribunal may appoint a lawyer to represent the patient at the hearing if the tribunal considers it would be in the patient’s best interests.
The tribunal must also appoint a lawyer to represent the 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 appointed a lawyer, 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 the Mental Health Section of Legal Aid Queensland unless there is a conflict of interest.
Grant(s) of aid
The service order to represent a patient before the Mental Health Review Tribunal is MHT1.
Extension(s) of aid
The service order for additional preparation to support the patient before the Mental Health Review Tribunal is MHT2.
The service order for additional conference / negotiation to support the patient before the Mental Health Review Tribunal is MHT3.
The service order for additional appearance before the Mental Health Review Tribunal is MHT4.
Review of decisions
A request to review a decision will be determined by a Grants Manager.