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Statements of Reasons List

The Statements of Reasons on this site are contemporary decisions which the Board considers to be of significance. They either clarify or recapitulate the current legislative provisions, or examine issues that have not previously been canvassed by the Board. For copies of any other Statements of Reasons, please contact the Board's Legal Officer on 8601 5270.

SOR 09-003 pdf (269 KB)
Decision 3rd June 2008 of the Mental Health Review Board in relation to the Charter of Human Rights and Responsibilities Act

SOR 07-094 pdf (168KB)

Involuntary patient - Mental Health Act 1986 - s19A- Treatment Plan - s19A(2)(a) - wishes of patient - s19A(2)(c) - patient's health and well-being - s19A(2)(d) - alternative treatment - s19A(2)(e) - risks of treatment

SOR 07-096 pdf (179KB)

Involuntary status - Mental Health Act 1986 - s8(1)(d) - consent to treatment - insight

SOR 07-116 pdf (80KB)
Involuntary Patient - Mental Health Act 1986 - ss8(1)(c), (e) - risk to self and others - receive adequate treatment in a manner less restrictive - s19A - treatment plan - take into account patient's wishes - side effects - revision of treatment plan

SOR 07-128 pdf (128KB)
Involuntary Patient - Mental Health Act 1986 - s8(1)(c) - Risk to others - Interference with another's treatment

SOR 07-144 pdf (129KB)

Involuntary status - Mental Health Act 1986 - s8(1)(b) - immediate treatment - side effects

Important Court Decision

A long-standing and unresolved issue of significance to clients of the Board, mental health service practitioners, and Board members was finally resolved on 6 October 2000 when Mr Justice O'Bryan of the Supreme Court of Victoria handed down his decision in Wilson v Mental Health Review Board and Others [2000] VSC 404.

Briefly, the case dealt with a legal effect of the expiry of a Community Treatment Order (CTO) without extension or revocation within the period of the Order. The decision was that, on the expiry of the CTO, the person can no longer be deemed to be an involuntary patient. The Board therefore has no jurisdiction to conduct a review, as the Act no longer applies to the person.

The decision has far reaching implications for staff in mental health services, as well as for members of the Board.

The text of the decision can be obtained from the Board office.

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Site last updated February 6, 2009
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