The role of the Mental Health Tribunal in setting duration of compulsory treatment in Victoria

• Published in: Psychiatry, psychology, and law psychology, and law, 2021, Vol.28 (3), p.343-362
• Main Authors: Michelle Taylor-Sands, Zashalla Nicholson
• Format: Article
• Language: English
• Subjects: compulsory treatment order; Decision making; Human rights; mental health; Mental Health Act; Mental health courts; mental health law; Mental health laws; Mental Health Tribunal; Mental illness; Social aspects; Treatment; Treatment Order
• ISSN: 1321-8719; 1934-1687
• DOI: 10.1080/13218719.2020.1775153

This article explores the role of the Mental Health Tribunal (the Tribunal) in setting duration of compulsory treatment orders under the 'Mental Health Act 2014' (Vic) (the 'MH Act') using qualitative analysis of data obtained by a Tribunal working group. It explores the extent to which there is a difference between the duration of treatment orders requested by treating teams and those made by the Tribunal, as well as the factors the Tribunal takes into account in setting a different duration. Results reveal the Tribunal made a treatment order of different (mostly shorter) duration in one out of five hearings. In these cases, two out of four factors identified by the working group were dominant influences: (1) ensuring congruence with the principles of the 'MH Act'; and (2) information presented by one or more participants at the hearing. There were also high levels of attendance from either the patient, their support person or their legal representative when the Tribunal made a treatment order of different duration. This suggests participation by patients and support people at hearings provides the Tribunal with the information it needs to consider the principles under the 'MH Act' meaningfully when exercising its discretion to determine the duration of compulsory treatment orders.