Challenging a (temporary) treatment order

Challenging a (temporary) treatment order

A person can challenge or appeal against their temporary treatment order or treatment order by applying to the Mental Health Tribunal for the order to be revoked, or by requesting someone else do so on their behalf (s. 60).

If the person is under 16 or they have a guardian, their parent or guardian (as the case may be) can also make that application.

The tribunal must then conduct a hearing as soon as practicable to determine whether the treatment criteria apply.

If it is satisfied all four criteria are met, the tribunal must make a treatment order and determine the type and duration of the order.

If any one or more of the criteria are not met, then the tribunal must revoke the person’s order.

The authorised psychiatrist also has a responsibility to immediately revoke a person’s order if they determine the treatment criteria no longer apply (s. 61).

Practice tips

  • Provide your client with the Victoria Legal Aid brochure Are you on a treatment order.
  • Applications for revocation of a temporary treatment order can be made by filling out a hard copy form (available at all mental health services and the tribunal) or completing an online application. This form is also available in our brochure, Are you on a treatment order.
  • If your client needs help making their application, they can ask staff at the hospital or clinic to assist, including sending the form to the tribunal once completed. Alternatively, you can fill out an online form on your client’s behalf.

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