COVID-19 Response

COVID-19 Response

Updated 7 October 2022

The Mental Health Review Tribunal is deemed an essential service and has continued to function throughout the pandemic. The Tribunal is currently making a staged return to face-to-face hearings with all hearings held at all greater Sydney and some regional facilities by the end of 2022. 

In response to the current Omicron wave, the Tribunal made some logistical changes to its hearing processes to help to prevent the spread of the virus and to  ensure the health and safety of consumers, treating teams, Tribunal members and Tribunal staff.  The Tribunal remains committed to ensuring that each consumer’s care and treatment is provided in accordance with the Mental Health Act 2007 (MHA) and the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Please note that the time frame for presentation before the Tribunalf for a Mental Health Inquiry is currently 14 - 28 days.  

These changes do not affect:

  • The treating team’s ongoing obligation to discharge you from the mental health facility if you are no longer mentally ill or mentally disordered.
  • Your right to appeal to the Tribunal for discharge if that has been refused by the  mental health facility. 
  • The Director’s obligation (of  the community mental health service)  to revoke the CTO if of the view that you would not continue to benefit from the order.
  • Your right to seek a variation or revocation of a CTO, if there has been a change in circumstances or new information since the making of the order.

The Mental Health Advocacy Service (MHAS) may be able to assist you in exercising your rights and can be contacted on 9745-4277.

Archival Practice Directions issued by the Tribunal with regard to Covid-19:

Note that changes were introduced to the Mental Health Act (Section 202) on 25 March 2020 for a period of 12 months and  were repealed on 26 March 2021. 

This page will be updated with changes to Tribunal practice in response to COVID-19.