Appeal a Mental Health Tribunal order
Part of the Appeals and actions topic
You can appeal a decision made by the Mental Health Review Tribunal by applying to the Mental Health Court.
On this page
In short
You can use this service to appeal a Mental Health Tribunal order.
You can submit your completed application form by email or post. See How to appeal a Mental Health Tribunal order for the full application process.
What you should know
You can appeal a decision made by the Mental Health Tribunal within 60 days of receiving written notice of the decision.
Appeals go to the Mental Health Court, and proceedings are not open to the public.
The Mental Health Court looks at the case again. It reviews the evidence used by the Mental Health Tribunal. It may consider new evidence if allowed.
You can request a stay. This means the tribunal's decision gets paused while the appeal is being decided.
The Mental Health court's decision is final. It cannot get appealed, reviewed or overturned (changed).
Who can use this service
You can appeal a Mental Health Tribunal order if you are:
- a person subject to an authority or order
- a person subject to the review or application
- the Chief Psychiatrist
- the Director of Forensic Disability
- the doctor who made the application
- the Attorney-General
- a minor.
Don't use this service if you are:
- not directly involved in the Mental Health Tribunal decision.
How to appeal a Mental Health Tribunal order
Choose how to submit your application form and follow the steps.
Step 1: Gather information for the appeal
Gather the tribunal decision and the grounds your wish to use for the appeal.
Step 2: Complete the form
Download and complete the application form by hand.
Step 3: Request a stay
Complete the Stay of decision on the form (if required).
Step 4: Scan the form
Scan the completed form so you can send it as an email attachment.
Step 5: Submit your application
Send an email, with the scanned form attached, to:
Registrar, Mental Health Court
registrarmhc@health.qld.gov.au
Step 6: Receive the outcome
You'll be contacted by the Menal Health court about the outcome of your appeal. The court will let you know if it dismisses or upholds the Mental Health Tribunal's decision.
If the appeal is upheld, the court may also make new orders.
Step 1: Gather information for the appeal
Gather the tribunal decision and the grounds your wish to use for the appeal.
Step 2: Complete the form
Download and complete the application form by hand.
Step 3: Request a stay
Complete the Stay of decision on the form (if required).
Step 4: Scan the form
Scan the completed form so you can send it as an email attachment.
Step 5: Submit your application
Post to:
Registrar, Mental Health Court
GPO Box 48
BRISBANE QLD 4001
Step 6: Receive the outcome
You'll be contacted by the Menal Health court about the outcome of your appeal. The court will let you know if it dismisses or upholds the Mental Health Tribunal's decision.
If the appeal is upheld, the court may also make new orders.
How long it takes
Processing time begins when all required documents are received.
The time it takes for the court to hear your appeal will depend on the complexity of the case.
How much it costs
Free.
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