I have an upcoming hearing at the Mental Health Review Tribunal. I am worried about being ‘put on the stand’ because I have anxiety issues and think it would be too intimidating for me. Can I be accommodated for?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Alison Christou, Brisbane 4000 QLD
- Decision-making bodies in administrative law are very capable of accommodating all citizens who seek redress from government decisions. Any limitation regarding the building, the room or other challenges will be discussed with you and your needs taken into account. Some tribunals and court utilise remote access methods for hearings enabling applicants and other parties to attend in alternative places or even by telephone conference.
- Examples of appropriate hearing flexibility can be found in many health-related tribunals such as the Mental Health Review Tribunal. Members might sit at a bench separately from the applicant. Applicants may not be required or expected to stand due to issues of anxiety, side effects or overall health issues.
- In line with administrative law’s requirement of accessibility there can be quite a variety of protocols and settings depending upon the tribunal’s subject matter.