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 Administrative Decisions Tribunal (ADT) or alternatively to the Supreme Court under s 49 of the same Act.
Complaints
Complaints about treatment and conditions can be directed to the medical superintendent of the hospital, the Official Visitor to the hospital, the NSW Consumer Advisory Group or the Health Care Complaints Commission.