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Hearing Process

Types of Hearing Conducted by the Board

The MHRB conducts two types of hearings – reviews and appeals.

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Practices and Procedures

Divisions of the Board

The Act requires the Board to sit as a division of three members, except when conducting a periodic (annual) review, a review of the extension of a community treatment order (CTO), or a review of an interstate transfer. In these cases, the Board can be constituted by either a division of three members or a single member division.

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Jurisdiction

The Board may determine the following types of cases:

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Appeals to the MHRB

Appeals are initiated by, or on behalf of, patients / consumers. Pursuant to s29, patients / consumers may lodge appeals with the Board at any time against their continued treatment as involuntary or security patient, and the Board is required to commence the hearing of an appeal without delay.

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Review of MHRB decisions

When the Board makes a decision that the patient / consumer disagrees with they can lodge an appeal with the MHRB and another hearing will be held.

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Statement of Reasons

The Board’s decision in a particular review or appeal is delivered orally at the conclusion of the hearing and is also reflected in a written order. In some matters, the Board later provides a written statement of reasons.

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Watch our Video

The MHRB, Department of Human Services, Victoria Legal Aid and the Victoria Law Foundation have produced an educational video on involuntary treatment for mental illness and the review of that treatment by MHRB. The video explains the process of review and the rights of participants through three case studies, and shows how hearings and clinical reviews work.

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Legal Advice

Legal Advice relating to the Mental Health Act is available to members of the public from the following bodies:

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