Mental Health
5. Treatment Orders & Hearings
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Aug 2015
- Different definitions and terminology are used in each state and territory for mental health treatment against a person’s will. It is sometimes known as involuntary or compulsory treatment.
- Depending on your situation your psychiatrist may decide you need a treatment order. A treatment order will detail your medication and therapeutic regime. For this to happen a hearing will usually need to be held before a special mental health tribunal or board. At this hearing your treating team will outline why they think you need to be on a treatment order. You will have the opportunity to voice your views at this hearing and it is essential that you do so. If you are not confident to speak for yourself you can have a lawyer speak for you.
- This process is primarily medical and administrative in nature however it can be complex and it is vitally important that you understand what is happening during the hearing and have the opportunity to put forward your opinions. This hearing is the opportunity for you to be involved in the decisions that will affect your mental health in the future. For this reason it can be helpful to have a lawyer represent you at your hearing. If possible you should talk to a lawyer who has experience appearing in these kinds of hearings.
- In some states and territories legal aid organisations will have lawyers available who have training and experience in mental health law and review hearings.
- Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
- You also have the right to seek a second opinion from a different psychiatrist and to have your treating team reassess you. If you do not think you should be on a treatment order or you want it to be changed you can apply to the Mental Health Complaints Commissioner, Chief Psychiatrist, Ombudsman or the equivalent in your state or territory for a review.
- Some relevant web links can be found below:
- You may like to ask a family member or friend to be there during the assessment stage for support.
- It is important to keep any documents or reports your doctor and psychiatrist give you. These can be useful for you and your lawyer to refer to later.
View more Information on Personal Law