Mental health decisions made by SACAT (under the Mental Health Act 2009) are subject to a review within SACAT by more senior members and judges.
You do not need permission to apply for an internal review of these decisions made under the Mental Health Act.
Types of decisions that can be reviewed
You can apply for internal review of a decision:
- of SACAT to grant consent to prescribed psychiatric treatment (Electro-Convulsive Therapy or Neurosurgery) under s 42-44 of the Mental Health Act 2009
- of SACAT about a Level 2 Community Treatment Order under s 16 of the Act
- of SACAT about a Level 3 Inpatient Treatment Order under s 29 of the Act
- of SACAT under s 79 of the Act to automatically review orders.
You cannot apply for internal review of decisions that are not SACAT decisions.
For example - decisions made under s 70 of the Act (transfer to interstate treatment centres) are subject to review under s34 of the SACAT Act 2013 and other decisions are subject to a right of automatic review or by review in the ordinary jurisdiction of SACAT under the Act.
Who can apply?
An application can be made for review of a SACAT decision under the Mental Health Act by:
- the applicant in proceedings
- the person who the proceedings are about
- the Public Advocate
- any person who presented evidence or material, or made submissions to SACAT in the proceedings
- any other person who satisfies SACAT of a proper interest in the matter.
Stay of decision
If a decision (including consent to prescribed psychiatric treatment) is made by SACAT under this Act the decision will continue to operate even if an internal review is commenced.
You can seek an order from SACAT or from the Supreme Court under s73 of the SACAT Act 2013 to stay the operation of the decision until the internal review is finally decided.
A stay of a decision means an order which stops the decision you want reviewed from operating until the review has been undertaken.
