Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 332

Functions of the Mental Health Tribunal

The functions of the Mental Health Tribunal are—

        (a)     to hear and determine the following—

              (i)     a matter in relation to whether a treatment order should be made;

              (ii)     an application to revoke a temporary treatment order or a treatment order;

              (iii)     a matter in relation to an application involving the transfer to another designated mental health service of—

    (A)     the assessment of a court assessment patient; or

    (B)     the treatment of a temporary treatment patient or a treatment patient;

              (iv)     an application to perform electroconvulsive treatment on a patient who does not have capacity to give informed consent;

              (v)     an application to perform electroconvulsive treatment on a person who does not have capacity to give informed consent and who is not a patient or a person under the age of 18 years;

              (vi)     an application to perform electroconvulsive treatment on a person who is under the age of 18 years;

              (vii)     an application to perform neurosurgery for mental illness;

              (viii)     an application by a person subject to a court secure treatment order to determine whether the criteria specified in section 94B(1)(c) of the Sentencing Act 1991 apply;

              (ix)     an application by a security patient subject to a secure treatment order to have the order revoked;

              (x)     an application by a security patient in relation to a grant of leave of absence;

              (xi)     an application by a security patient for a review of a direction to be taken to another designated mental health service;

              (xii)     an application for an interstate transfer order or an interstate transfer of treatment order;

              (xiii)     an application for an intensive monitored supervision order;

              (xiv)     an application by a patient or on a patient's behalf for a revocation of the patient's intensive monitored supervision order; and

        (b)     to perform any other function which is conferred on the Mental Health Tribunal under this Act, any other Act, the regulations or the rules or regulations or rules under any other Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback