{"id":"sr:mental-health-tribunal-rules-2023","name":"Mental Health Tribunal Rules 2023","slug":"mental-health-tribunal-rules-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181413,"registerId":"vic-sr:mental-health-tribunal-rules-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mental Health Tribunal Rules 2023","content":"Version No. 001\n\n**Mental Health Tribunal Rules 2023**\n\n**S.R. No. 87/2023**\n\nVersion as at  \n1 September 2023\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\nOrder 1—Preliminary 1\n\n1 Object 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Dispensing with compliance 2\n\nOrder 2—Applications to the Mental Health Tribunal 3\n\n7 Form of application 3\n\n8 Information to be contained in application 3\n\n9 Manner of lodging application 4\n\nOrder 3—Proceedings 5\n\n10 Register of proceedings 5\n\n11 Application for joinder 6\n\n12 Joinder of parties 6\n\nOrder 4—Documents to be given to the Mental Health Tribunal 7\n\n13 Receipt of documents 7\n\n14 Hearing report to be given to the Mental Health Tribunal 7\n\n15 Contents of hearing report 9\n\n16 Form of hearing report 12\n\nOrder 5—Additional applications 13\n\n17 Review of principal registrar's decision to reject application 13\n\n18 Withdrawal of proceedings 13\n\n19 Correction of order or statement of reasons 13\n\nOrder 6—Duration of orders 14\n\n20 Duration of treatment order 14\n\n═════════════\n\nEndnotes 15\n\n1 General information 15\n\n2 Table of Amendments 17\n\n3 Explanatory details 18\n\n**Version No.** **001**\n\n**Mental Health Tribunal Rules 2023**\n\n**S.R. No. 87/2023**\n\nVersion as at  \n1 September 2023\n\nOrder 1—Preliminary\n\n  1 Object\n\nThe object of these Rules is to regulate the practice and procedure of the Mental Health Tribunal.\n\n  2 Authorising provisions\n\nThese Rules are made under section 391 of the **Mental Health and Wellbeing Act 2022** and all other enabling powers.\n\n  3 Commencement\n\nThese Rules come into operation on 1 September 2023.\n\n\t4 Revocation\n\nThe Mental Health Tribunal Rules 2014[[1]](#endnote-1) are **revoked**.\n\n  5 Definitions\n\nIn these Rules—\n\n***hearing report*** means a report given under rule 14(1) about the person who is the subject of the proceeding;\n\n***register of proceedings*** means the register established under section 356 of the Act;\n\n***the Act*** means the **Mental Health and Wellbeing Act 2022**.\n\n\t6 Dispensing with compliance\n\nThe Mental Health Tribunal may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.\n\nOrder 2—Applications to the Mental Health Tribunal\n\n\t7 Form of application\n\nFor the purposes of section 367(a) of the Act, an application to the Mental Health Tribunal must be in writing.\n\n\t8 Information to be contained in application\n\nFor the purposes of section 367(b) of the Act, an application to the Mental Health Tribunal must contain the following information—\n\n(a) the name of the person making the application;\n\n(b) the postal or email address of the person making the application;\n\n(c) if the person making the application is not the subject of the application, or is making the application on behalf of another person—\n\n(i) the name of the person who is the subject of the application; and\n\n(ii) the postal or email address of the person who is the subject of the application;\n\n(d) if the person who is the subject of the application is receiving treatment from a designated mental health service, the name of that designated mental health service, including the name of the specific treating service;\n\n(e) if the person who is the subject of the application is receiving treatment from a mental health and wellbeing service that is not a designated mental health service, the name of that mental health and wellbeing service, including the name of the specific treating service;\n\n(f) details of the application that are sufficient to identify the nature of the application.\n\n\t9 Manner of lodging application\n\n(1) For the purposes of section 367(c) of the Act—\n\n(a) an application to the Mental Health Tribunal under section 99, 104, 109 or 114 of the Act for authority to perform a course of electroconvulsive treatment on a person must be lodged with the Tribunal by facsimile or other electronic communication; and\n\n(b) any other application to the Mental Health Tribunal may be lodged with the Tribunal by post, facsimile or other electronic communication.\n\n(2) An application to the Mental Health Tribunal under the Act is lodged with the Tribunal when it is received by the Tribunal.\n\n**Note**\n\nSee rule 13 in relation to receipt of documents by the Mental Health Tribunal.\n\nOrder 3—Proceedings\n\n\t10 Register of proceedings\n\nFor the purposes of section 356 of the Act, the register of proceedings must contain the following details in respect of each proceeding in the Mental Health Tribunal—\n\n(a) the kind of proceeding under the Act;\n\n(b) the name and identifier of the person who is the subject of the proceeding;\n\n**Note**\n\n***Identifier*** has the same meaning as in the **Health Records Act 2001** (see section 3(1) of the Act).\n\n(c) if the person who is the subject of the proceeding is receiving treatment from a designated mental health service, the name of that designated mental health service, including the name of the specific treating service;\n\n(d) if the person who is the subject of the proceeding is receiving treatment from a mental health and wellbeing service that is not a designated mental health service, the name of that mental health and wellbeing service, including the name of the specific treating service;\n\n(e) the date, place and mode of the hearing of the proceeding;\n\n(f) the name and class of each Tribunal member who constitutes the Mental Health Tribunal for that proceeding;\n\n(g) if the proceeding is commenced by application, a copy or electronic record of that application;\n\n(h) if the proceeding is otherwise required under the Act, the section of the Act which requires the conduct of a hearing;\n\n(i) the order made by the Mental Health Tribunal;\n\n(j) any statement of reasons prepared under section 380 of the Act.\n\n\t11 Application for joinder\n\nAn application of a person to be a party to a proceeding under section 364(2) of the Act must—\n\n(a) be in writing; and\n\n(b) specify reasons why it is desirable that the person be joined as a party.\n\n\t12 Joinder of parties\n\nFor the purposes of section 364(3) of the Act, a senior Tribunal member may join a person as a party to a proceeding.\n\nOrder 4—Documents to be given to the Mental Health Tribunal\n\n\t13 Receipt of documents\n\nUnless otherwise provided by these Rules or the Act—\n\n(a) if the Mental Health Tribunal registry is open for business when a document that is required or permitted to be given to the Mental Health Tribunal is received physically or electronically by the registry, it is received by the Tribunal on the day and at the time it is received by the registry;\n\n(b) if the Mental Health Tribunal registry is not open for business when a document that is required or permitted to be given to the Mental Health Tribunal is received physically or electronically by the registry, it is taken to be received by the Tribunal on the next day that the registry is open for business.\n\n\t14 Hearing report to be given to the Mental Health Tribunal\n\n(1) At least 2 business days before a hearing specified in subrule (2), one of the following must give a hearing report to the Mental Health Tribunal—\n\n(a) the psychiatrist who is treating the person who is the subject of the proceeding;\n\n(b) if the person who is the subject of the proceeding is receiving treatment from a designated mental health service, an authorised psychiatrist for that designated mental health service.\n\n(2) For the purposes of subrule (1), a specified hearing is—\n\n(a) a hearing under Part 3.5 of the Act of an application for authority to perform a course of electroconvulsive treatment on a person; or\n\n(b) a hearing under Part 3.6 of the Act of an application for approval to perform neurosurgery for mental illness on a person; or\n\n(c) a hearing under Part 4.5 of the Act to determine whether to make a treatment order in respect of a temporary treatment patient or treatment patient; or\n\n(d) a hearing under Division 1 of Part 4.6 of the Act to determine whether a treatment patient should be subject to an inpatient treatment order that was varied from a community treatment order; or\n\n(e) a hearing under Division 2 of Part 4.6 of the Act of an application to revoke a temporary treatment order or treatment order; or\n\n(f) a hearing under Part 4.8 of the Act of an application to review a decision that a court assessment order, temporary treatment order or treatment order be varied to specify that assessment of, or treatment for, the person subject to the order will be provided by another designated mental health service; or\n\n(g) a hearing under Part 10.2 of the Act to determine whether the criteria set out in section 535(1)(b) of the Act currently apply to a security patient who is subject to a secure treatment order; or\n\n(h) a hearing under Part 10.3 of the Act to determine whether the criteria set out in section 94B(1)(c) of the **Sentencing Act 1991** currently apply to a security patient who is subject to a court secure treatment order; or\n\n(i) a hearing under Part 10.4 of the Act of an application for a review of a decision not to grant a leave of absence to a security patient; or\n\n(j) a hearing under Part 10.6 of the Act of an application for a review of a direction to take a security patient to another designated mental health service; or\n\n(k) a hearing under Part 13.3 of the Act of an application for an interstate transfer of treatment order or interstate transfer order; or\n\n(l) any other hearing under the Act specified in any practice note issued by the Rules Committee for the purposes of giving or making hearing reports.\n\n**Note**\n\nSee section 580 of the Act in relation to a report for an application for an intensive monitored supervision order.\n\n\t15 Contents of hearing report\n\n(1) A hearing report must contain the following information in respect of the person who is the subject of the proceeding—\n\n(a) information on the relevant clinical and personal background of the person;\n\n(b) if the authorised psychiatrist or psychiatrist who gives the report is required under the Act to be satisfied of certain matters, the reasons why the authorised psychiatrist or psychiatrist is satisfied of those matters;\n\n(c) details of the treatment currently being provided to the person;\n\n(d) details of the treatment proposed to be given to the person;\n\n(e) the person's views and preferences about the treatment of the person's mental illness and the reasons for those views and preferences, including—\n\n(i) any beneficial alternative treatments that may be reasonably available; and\n\n(ii) any recovery outcomes the person would like to achieve; and\n\n(iii) views or preferences expressed by the person's nominated support person (if any);\n\n(f) if required under the Act, the views and preferences of the following persons—\n\n(i) any guardian of the person who is the subject of the proceeding;\n\n(ii) any carer of the person who is the subject of the proceeding;\n\n(iii) a parent of the person who is the subject of the proceeding, if the person is under 16 years of age;\n\n(iv) the DFFH Secretary, if that Secretary has parental responsibility for the person who is the subject of the proceeding under a relevant child protection order;\n\n(g) any other information specified in any practice note issued by the Rules Committee for the purposes of giving or making hearing reports.\n\n(2) A hearing report given for a hearing under Part 3.5 of the Act of an application for authority to perform a course of electroconvulsive treatment on a person must contain the following additional information—\n\n(a) the proposed number of electroconvulsive treatments to be performed for the proposed course of electroconvulsive treatment;\n\n(b) the proposed date by which the proposed course of electroconvulsive treatment must be completed;\n\n(c) if the hearing relates to an application under section 104 of the Act in respect of an adult person who does not have capacity to give informed consent to the course of electroconvulsive treatment—\n\n(i) the instructional directive giving informed consent to electroconvulsive treatment or the informed consent in writing given by the adult person's medical treatment decision maker; and\n\n(ii) the views of the adult person's medical treatment decision maker;\n\n(d) if the hearing relates to an application under section 114 of the Act in respect of a young person who does not have capacity to give informed consent to the course of electroconvulsive treatment—\n\n(i) the informed consent in writing given by the young person's medical treatment decision maker; and\n\n(ii) the views of the young person's medical treatment decision maker.\n\n\t16 Form of hearing report\n\nA hearing report must be in the form specified in any practice note issued by the Rules Committee for the purposes of giving or making hearing reports.\n\nOrder 5—Additional applications\n\n\t17 Review of principal registrar's decision to reject application\n\nAn application under section 369 of the Act to seek review of a decision by the principal registrar to reject an application under section 368 of the Act must be in writing.\n\n\t18 Withdrawal of proceedings\n\nAn application under section 370 of the Act to seek leave from the Mental Health Tribunal to withdraw an application must be in writing.\n\n\t19 Correction of order or statement of reasons\n\nFor the purposes of section 381(2)(b) of the Act, an application for the Mental Health Tribunal to correct an order or a statement of reasons must—\n\n(a) be in writing; and\n\n(b) unless special circumstances exist, be made within 20 business days after the day on which the order or statement of reasons is given to the person; and\n\n(c) specify reasons for the person's claim that the order or statement of reasons contains a mistake, an error, a miscalculation or a defect of a kind referred to in section 381(1) of the Act that should be corrected; and\n\n(d) if practicable, specify details of the proposed correction.\n\nOrder 6—Duration of orders\n\n\t20 Duration of treatment order\n\nFor the purposes of section 193 of the Act, the Mental Health Tribunal may calculate the period of the treatment order in any manner it sees fit.\n\nDated: 16 August 2023\n\nMATTHEW CARROLL,  \n*President*\n\nEMMA MONTGOMERY,  \n*Deputy President*\n\nCAMILLE WOODWARD, *Senior legal member*\n\nMICHAEL MCCAUSLAND, *Psychiatrist member*\n\nHELEN WALTERS, *Community member*\n\nLYNNE RUGGIERO, *Community member*\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Mental Health Tribunal Rules 2023, S.R. No. 87/2023 were made on 16 August 2023 by the Rules Committee established by section 389 of the **Mental Health and Wellbeing Act 2022**, No. 39/2022 under section 391 of the **Mental Health and Wellbeing Act 2022**, No. 39/2022 and came into operation on 1 September 2023: rule 3.\n\nThe Mental Health Tribunal Rules 2023 will sunset 10 years after the day of making on 16 August 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Mental Health Tribunal Rules 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Rule 4: S.R. No. 89/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Rules appear tightly scoped to their original purpose of regulating Mental Health Tribunal practice and procedure. They replace the 2014 Rules with updated references to the new Mental Health and Wellbeing Act 2022, but do not appear to have expanded beyond procedural regulation into substantive mental health law. The structure (applications, proceedings, documents, additional applications, duration) is conventional for tribunal rules."},"complexity_factors":["Moderate cross-referencing to the Mental Health and Wellbeing Act 2022 (the enabling Act) — 15+ explicit section references requiring knowledge of the parent Act","12 specific hearing types listed in rule 14(2) with varying report requirements, creating conditional logic","Nested conditions in rule 15(2) for ECT applications involving adults vs young persons with different consent pathways","Multiple defined terms (5 in rule 5, plus implicit definitions via Act references like 'identifier' from Health Records Act 2001)","Integration with external instruments — practice notes issued by the Rules Committee referenced in rules 14(2)(l), 15(1)(g), and 16, meaning the full procedural requirements aren't contained in the instrument itself","Time-sensitive requirements (e.g., 'at least 2 business days before' in rule 14(1), 'within 20 business days' in rule 19(2))","Multiple party types with varying rights (subject of proceeding, applicants, guardians, carers, parents, DFFH Secretary, nominated support persons)"],"plain_english_summary":"**What this legislation does:**\n\nThese Rules set out the practical \"how-to\" for running hearings at Victoria's Mental Health Tribunal — the body that decides whether people can be given compulsory mental health treatment, including electroconvulsive therapy (ECT) and neurosurgery.\n\n**Who it affects:**\n\n- **Patients** — people receiving (or facing) compulsory mental health treatment\n- **Psychiatrists and authorised psychiatrists** — who must prepare detailed reports before hearings\n- **Families and carers** — whose views must be gathered and included in reports\n- **Tribunal members** — who conduct the hearings and make decisions\n- **Legal representatives and advocates** — who help people navigate the system\n\n**Key things the Rules cover:**\n\n- **How to apply** to the Tribunal (in writing, by post/email/fax)\n- **What must be in applications** — names, addresses, which hospital/service is involved, and what the application is about\n- **Hearing reports** — psychiatrists must submit detailed clinical reports at least 2 business days before most hearings, covering the person's background, current treatment, proposed treatment, and crucially, the **person's own views and preferences** about their care\n- **Special rules for ECT** — stricter reporting requirements, including consent documents from medical treatment decision makers when the person lacks capacity\n- **Record-keeping** — the Tribunal must maintain a register of all proceedings\n- **Joining parties** — allowing others (like family members) to become formal parties to a case\n- **Fixing mistakes** — how to ask the Tribunal to correct errors in its orders or reasons\n- **Timing** — how to calculate how long treatment orders last\n\n**Why it matters:**\n\nThese Rules ensure compulsory mental health treatment is handled fairly and transparently. They guarantee that the person receiving treatment has their voice heard (or their preferences considered if they can't speak for themselves), that clinical information is properly prepared and shared, and that there's a clear paper trail for decisions that significantly restrict people's liberty and bodily autonomy."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These Rules revoke the 2014 Rules (rule 4) and implement procedural regulation under the Mental Health and Wellbeing Act 2022 (rule 2). Mechanically they standardise application form/content (rules 7–9), impose specific hearing-report obligations and timing for many listed hearing types (rules 14–16), specify register data (rule 10) and allow the Tribunal to waive compliance (rule 6) and to calculate treatment order duration flexibly (rule 20). They therefore realign tribunal procedure to the 2022 Act and add detailed report, timing and electronic-lodgement rules not expressed in the source text as part of the earlier 2014 Rules."},"complexity_factors":["Extensive cross-references to the Mental Health and Wellbeing Act 2022 (rules repeatedly invoke various Parts and sections of the Act).","Different procedural tracks for specific hearing types (e.g. ECT, neurosurgery, treatment orders, security patient reviews) requiring tailored hearing reports (rule 14(2)).","Detailed mandatory content for hearing reports, including clinical background, proposed treatment, patient and nominated support person views, and decision-maker consents (rule 15).","Short, fixed timing for disclosure of hearing reports (minimum 2 business days before hearing) creating operational deadlines (rule 14(1)).","Delegation of form details and some content to practice notes issued by the Rules Committee (rules 14(2)(l), 15(1)(g), 16), introducing administrative flexibility and dependency on secondary instruments.","Tribunal discretion to dispense with compliance either before or after the occasion for compliance (rule 6), adding case-by-case variability.","Prescriptive register content requirements, including health identifier references and electronic records (rule 10).","Different lodging methods for particular applications (ECT must be lodged electronically; others may be posted or emailed), affecting parties’ costs and methods (rule 9).","Time limits and procedural requirements for correction and withdrawal applications (e.g. 20 business days for corrections unless special circumstances) (rule 19).","Broad authority for the Tribunal to calculate treatment order periods “in any manner it sees fit,” which creates legal flexibility but operational unpredictability (rule 20)."],"plain_english_summary":"These Rules set the Mental Health Tribunal’s procedure: how to make and lodge applications, what information must be recorded, the form and timing of hearing reports, how documents are received, joinder and correction processes, and how treatment order durations may be calculated. They operate under the Mental Health and Wellbeing Act 2022 and replace the 2014 Rules. The Rules affect applicants, persons subject to Tribunal proceedings, treating psychiatrists, designated services and Tribunal staff by imposing specific form, timing and content obligations and by giving the Tribunal limited discretion to waive requirements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of this instrument changed from its original intent. The document extract contains only version history metadata and status labels, with no substantive rule text to compare against any stated original purpose."},"complexity_factors":["Governs a specialised tribunal operating under the Mental Health and Wellbeing Act 2022 (Vic), which itself is complex legislation","Intersects with human rights considerations — involuntary treatment engages the Charter of Human Rights and Responsibilities Act 2006 (Vic)","Procedural rules can have significant substantive consequences for vulnerable individuals with limited capacity to navigate them independently","Score is moderated downward significantly because the actual rule content was not provided — only version metadata was available for analysis","Tribunal procedural rules are typically less complex than primary legislation but require understanding of the broader mental health law framework to interpret correctly"],"plain_english_summary":"These rules set out how the Mental Health Tribunal in Victoria runs proceedings affecting people subject to involuntary mental health treatment, their families and support people, clinicians, hospitals, and legal representatives. They matter because they govern hearing procedures, applications, timeframes and the practical protections for people whose liberty and treatment are at stake.\n\nImportant: the provided document contains only metadata (version/status) and no actual rule text, so specific rights or obligations cannot be determined from it."}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-tribunal-rules-2023","history":"/api/acts/mental-health-tribunal-rules-2023/history","analysis":"/api/acts/mental-health-tribunal-rules-2023/analysis","conflicts":"/api/acts/mental-health-tribunal-rules-2023/conflicts","importantCases":"/api/acts/mental-health-tribunal-rules-2023/important-cases","documents":"/api/acts/mental-health-tribunal-rules-2023/documents"}}