A Study into the Operation of the Queensland Mental Health Review Tribunal

• Published in: Medical law review Vol. 29; no. 1; pp. 106 - 127
• Main Authors: Boyle, Sam, Walsh, Tamara, Nelson, Lucinda
• Format: Journal Article
• Language: English
• Published: England Oxford University Press 09-08-2021
• Subjects: Electroconvulsive therapy; Informed consent (Medical law); Involuntary treatment; Mental health courts; Mental health laws; Mental illness; Treatment; AUSTRALIA; Queensland; Mental health law; Human rights; Electroconvulsive therapy; Mental health tribunal; Involuntary treatment; Mental health
• ISSN: 1464-3790; 1464-3790
• DOI: 10.1093/medlaw/fwaa043

The Queensland Mental Health Review Tribunal makes difficult decisions regarding involuntary treatment of people with mental illness, applying strict legislative criteria against a backdrop of fundamental human rights considerations. This article reports on focus group research with lawyers and advocates for people with mental illness who appear before the Queensland Mental Health Review Tribunal. Participants expressed concerns regarding the manner in which decisions are made. For example, participants said that their clients’ views on the side effects of treatment do not receive adequate consideration when involuntary treatment is authorised. We review these concerns in the light of applicable legal obligations, including those arising from human rights law. We conclude that if these concerns are accurate, some adjustments to the Queensland Mental Health Review Tribunal’s decision-making processes are required.