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.
Any party who disagrees with a decision of the MHRB also has the option of applying to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the MHRB’s decision.
VCAT has the power to affirm, vary, or set aside the Board's decision, and either make a substitute decision or remit the matter to the Board for reconsideration. In practice, VCAT conducts a de novo hearing, at which it rehears the matter, taking into account evidence about whether the involuntary patient meets the statutory criteria at the time of the VCAT hearing.
Formally, the Board is the respondent in applications for a review of its decision by VCAT; however, its involvement in actual hearings is limited. In these matters the Board submits to the jurisdiction of VCAT and does not take an active role in the proceedings, generally limiting its participation to assisting the presiding member of VCAT by referring to material facts and explaining its powers and procedures.
Applications for review must be made in writing within 28 days to:
Registrar – Mental Health List
55 King Street
MELBOURNE VIC 3000