Appeals and Complaints

Appeals and Complaints

Appeals

A person having any matter before the Tribunal who is dissatisfied with a determination of the Tribunal, or a failure or refusal to make a determination may, subject to and in accordance with the rules of the Court, appeal to the Supreme Court against the determination, failure or refusal (s 163).

If a Community Treatment Order was made by the Tribunal the affected person may appeal to the Supreme Court if:

  • the term of the CTO exceeds six months or no term is specified on the order, against the duration of the order; or
  • on any question of law or fact arising from the order or its making.

If a Magistrate made the Community Treatment Order, the Tribunal may hear the appeal.

If the Tribunal has made an interim or final Financial Management Order the protected person or a party to the original hearing may appeal under s 50 of the NSW Trustee and Guardian Act 2009 to the  NSW Civil and Administrative Tribunal (NCAT) or alternatively to the Supreme Court under s 49 of the same Act.

 

Complaints and Feedback

The Mental Health Review Tribunal welcomes feedback from clients and other interested parties. All clients and stakeholders are encouraged, and have a right, to express their views about the Tribunal and how it operates. On an individual basis this provides an opportunity for people to have issues related to their contact with the Tribunal considered. On an organisational level the information received helps the Tribunal to develop ways to improve the level of service it provides.

 All feedback will be handled without prejudice, preconceived ideas, fear, anger or defensiveness and will be dealt with sensitively and professionally to ensure the provision of quality service to clients. 

Complaints about the conduct of staff or members of the Tribunal should be made in writing addressed to the President, Mental Health Review Tribunal, PO Box 2019, BORONIA PARK, NSW 2011. 

Complaints about treatment and conditions in a mental health facility can be directed to the medical superintendent of the hospital, the Official Visitor to the hospital or the Health Care Complaints Commission.