The MHA 2014 established the Mental Health Tribunal (MHT). The MHT is a statutory body that is independent from the mental health services. Its primary role is to decide whether a person requires compulsory mental health treatment.
The MHT also conducts hearings in relation to:
• whether electroconvulsive therapy (ECT) should be given;
• security patients;
• the transfer of a person’s treatment to another health service;
• applications to perform neurosurgery for mental illness.
The MHT must interpret all statutory provisions consistently with the Charter of Human Rights and Responsibilities Act 2006 (Vic) (“Charter”), so far as that is possible and consistent with its purpose.
The MHT is considered to be a public authority under the Charter when applying and interpreting the provisions of the MHA 2014. Therefore, the MHT is bound as a public authority to act compatibly with Charter rights.