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Communtity Law Manual | Mental health | Reviews and appeals

Reviews and appeals

Overview

At different stages of the compulsory assessment and treatment process, you have the right to apply for a review or to appeal decisions made about you:

  • while you are being assessed, you can ask a judge to review the decision that you have a mental disorder
  • if an application is made to put you under a compulsory treatment order, you can go to the hearing and defend yourself against the application (see “Compulsory treatment orders” in this chapter)
  • if, when your compulsory treatment order is reviewed, your responsible clinician decides that you are not fit to be released from compulsory status, you can apply to the Review Tribunal for a review of this decision
  • if you are in hospital under an inpatient order, you or another person can apply to the High Court for a judicial inquiry (see below in this section, “‘Judicial inquiry’: Going to the High Court”). A judicial inquiry looks at the legality of your detention
  • if you are in hospital under an inpatient order, you also have a separate right to apply to a High Court judge for what’s called a “writ of habeas corpus” – this is a long-established type of legal action you can use if you believe the police or other officials are holding you illegally (see below in this section, “‘Judicial inquiry’: Going to the High Court”).

Some of these review and appeal options are set out in further detail below.

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