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Communtity Law Manual | Mental health | Review of patient’s condition by a judge

Reviews and appeals

Review of patient’s condition by a judge

Who can apply for a review?

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 16

At any time during your first and second periods of assessment (see “The compulsory assessment process” in this chapter) an application can be made to have your condition reviewed by a judge.

You can apply for a review for yourself, or any of the following people can apply for a review on your behalf:

  • the applicant for assessment
  • your principal caregiver (if you have one)
  • your usual GP or nurse
  • your welfare guardian (if you have one)
  • a district inspector.

How will the judge carry out the review?

The judge will visit you, at the place you are being assessed or at the hospital nearest to where you live. The judge will ask you about your mental health and whether you think you need treatment. The judge will also talk to your responsible clinician and to at least one other health professional involved with your care. The judge may also consult with other people if they think this will be helpful.

What happens after the review?

If the judge is satisfied that you are fit to be released from compulsory status, you are discharged and the assessment process ends. If the judge thinks you are not fit to be released, the assessment and treatment will continue.

Can I apply for more than one review?

Yes. However, a judge will only allow a second review if your condition has changed since the last review.

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