The Tasmanian Civil and Administrative Tribunal (Mental Health Stream): Powers of Review

Formation and Purpose of the Tribunal

The Mental Health Stream of the Tasmanian Civil and Administrative Tribunal is an independent tribunal established by the Tasmanian Civil and Administrative Tribunal Act 2020. Its primary role is to confirm orders for, or to hear appeals against and conduct reviews of, the detention and treatment of involuntary patients. The Tribunal is funded by the Department of Justice. However, administrative responsibility for the Mental Health Act rests with the Minister for Mental Health and Wellbeing.

Periodic Reviews of Tribunal Orders

Reviews of assessment orders may occur at any time under the Tribunal’s own motion or upon application.

Treatment orders must be reviewed within 30 days of their taking effect, again after 90 days, and then, periodically, at intervals not exceeding 90 days.

Reviews of orders to admit patients to Secure Mental Health Units must be reviewed after 3 days, and again at any other time under the Tribunal’s own motion, or upon the application of any person with the necessary standing.

People who can apply for a review of an order include the patient, the person responsible for the patient, or another person who has an interest in the welfare of the patient.

General Powers and Duties

The Tribunal has, among others, the following powers and duties:

• the power to make, vary, renew, and discharge treatment orders
• to do all things necessary or convenient to be done to perform its functions
• to direct that a patient be examined or given specified health care
• to review the making of any order under the Mental Health Act in general, and
• to review involuntary patient movement or transfer within Tasmania

The Tribunal also has jurisdiction to review certain orders made under the Criminal Justice (Mental Impairment) Act 1999 (Tas) and the Sentencing Act 1997 (Tas).