Department of Health

Mental Health Tribunal

Find out about the essential role of the Mental Health Tribunal in safeguarding rights under the Mental Health and Wellbeing Act 2022.

Key messages

  • The Mental Health Tribunal is an independent statutory tribunal.
  • The tribunal is an essential safeguard under the Mental Health and Wellbeing Act 2022 to protect the rights and dignity of people with mental illness.
  • The primary function of the Tribunal is to determine whether the criteria for compulsory mental health treatment as set out in the Act apply to a person.
  • The Tribunal may make a Treatment Order for a person if all the criteria in the legislation apply to that person.

Role of the Mental Health Tribunal

The functions of the Mental Health Tribunal include hearing and determining applications in relation to:

Hearings at the Tribunal

The Tribunal will hold a hearing in the following circumstances:

  • automatically if a person’s temporary treatment order is soon to expire, or a community treatment order has been varied to an inpatient treatment order by an authorised psychiatrist
  • on application by the authorised psychiatrist such as for a further treatment order for a person who is already on a treatment order or electroconvulsive treatment (ECT))
  • on application by the person involved (or their representative) such as applications for revocation of a treatment order or temporary treatment order

Members of the Mental Health Tribunal

The hearing at the Tribunal will include a legal member, a psychiatrist or registered medical practitioner member and a community member.

If the matter relates to ECT or neurosurgery the hearing must be held with a legal member, a psychiatrist member and a community member.

For more information see the Mental Health Tribunal websiteExternal Link .

Key changes from Mental Health Act 2014

These provisions remain largely unchanged from the Mental Health Act 2014.

A minor change has been made to allow for single member hearings by the Tribunal when considered unopposed adjournments and applications for leave to withdraw proceedings.

Reviewed 13 August 2023

Was this page helpful?