Review of the Mental Health Review Tribunal in respect of forensic patients fact sheet 

Review of the operation of Mental Health Review Tribunal in respect of forensic patients discussion paper 

The Minister for Mental Health, the Hon. Tanya Davies MP, has requested that NSW Health review the Mental Health Review Tribunal in respect of forensic patients.

The review will consider if current law, processes and procedures appropriately balance:

  • community safety
  • interests of victims and their families
  • care and treatment needs of forensic patients.

A final report will be provided to the Minister for Mental Health and the Attorney General in December 2017.

For more information, see the Terms of reference.

Written submissions

The review of the Mental Health Review Tribunal in respect of forensic patients has completed its consultation phase and is now closed for submissions. A Discussion Paper was prepared to support submissions.

Recognising the potential privacy and personal issues submissions may contain, they were sought on a confidential basis and will not be made publically available on the website.

Thank you to the patients, victims, families and stakeholders who shared their views and stories.

Submissions closed on 6 October 2017.

The review

The review will be undertaken by the Hon Anthony Whealy QC, a lawyer and former judicial officer, known as the ‘Reviewer’, with appropriate administrative support. The review report and recommendations will draw on a broad range of information, including:

  • eight week call for public submissions
  • individual and group stakeholder consultations
  • best practice audit.

Background

The Tribunal is a specialist quasi-judicial body established under the Mental Health Act 2007.

The Tribunal makes decisions about the detention, leave and release of forensic patients. Forensic patients are people who the Court has found not guilty of a crime by reason of mental illness, or found unfit to be tried.

The Tribunal generally reviews the case of each forensic patient at least once every six months.

More information

For more information see the Review of the Mental Health Review Tribunal in respect of forensic patients fact sheet or contact NSW Health’s Mental Health Branch at MHRT_Review@doh.health.nsw.gov.au or on (02) 9391 9953.​​​​​​​

Page Updated: Thursday 26 October 2017
Page Owner: NSW Health