Frequently
asked Questions
Patient related Questions
More detailed information on
these topics are available in our Fact
Sheets (printable versions in .pdf format)
Where
and when are hearings held?
Hearings are held either at the hospital
or the community mental health service at which the patient is receiving
treatment. The Board generally visits each of the hearing venues, of which
there are in excess of 45, on a fortnightly basis in accordance with a
roster. The roster is set twice yearly and covers the periods January
to June and July to December.
Scheduled
hearings generally start at 10am. The medical records administrator will
be able to tell you the approximate time the particular hearing will be
likely to commence. Although the Board endeavours to commence hearings
at the allocated time, on some occasions delays may occur.
Does
the patient have to attend the hearing?
Patients
have a right to be present at their hearing and the Board encourages their
attendance. However, the patient can choose not to attend their hearing.
If the person does not attend, the Board may conduct the hearing in their
absence.
What
if a patient needs an interpreter?
If English
is not the first language of the patient, a professional interpreter will
be arranged by the Board at no cost to the patient. Telephone the Board’s
hearings Co-ordinator on 8601 5270, and they will arrange the interpreter
for the hearing.
For further
information, see the “Advocates, Legal Representatives and Interpreters”
section of this site.
Can
the patient bring someone with them to the hearing?
Yes. A friend,
relative, carer, or any other support person may attend a Board hearing
at the patient’s request, or with the approval of the Board.
Is legal
representation necessary?
Legal representation
at hearings is not necessary. However, a patient has the right to be represented
before the Board by a lawyer, or any other person.
The Mental
Health Legal Centre Inc., Victoria Legal Aid, and Community Legal Centres
are independent legal services that provide free and confidential legal
advice and may be able to provide representation for patients at Board
hearings.
Can
patients have access to documents before a hearing?
Yes. The
Mental Health Act 1986 was amended in 1996 to provide a statutory right
of patients to have access to documents prior to Board hearings. The patient,
and their representative, are to be given the opportunity to inspect any
documents which are to be given to the Board in relation to the hearing.
The only exception to this right is
where an application is made for non-disclosure
of some or all of the written material. In this instance, the Board
will hear the application for non-disclosure, and make a determination
as to whether or not the patient will be give access to the documentation
subject to the application.
Technical
How
do I view a form/document in pdf format?
Can I link to Mental Health Review Board?
How
do I view a form/document in pdf format?
To view pdf documents you must have Adobe Acrobat Reader installed on
your computer. You can obtain a free copy of the software by clicking
on the Adobe link below.
Can
I link to Mental Health Review Board?
Yes, provided
you do so in a way that is not misleading or derogatory.
We recommend that you link to the home page of theMental Health Review
Board (http://www.mhrb.vic.gov.au). If you link to pages below this level
you need to be aware that the directory structure and names of pages below
the home page level are subject to change - ie your link may become out
of date.
If you have any questions regarding
this website not covered above please contact the Web
Master.
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