What you can do if you don't agree with your treatment order
Video transcript: What you can do if you don't agree with your treatment order
If you do not believe you should be on a treatment order, you have these options:
Your treating psychiatrist can cancel (revoke) your treatment order at any time.
The Independent Mental Health Advocacy service can help you talk to your treating team about what you want. You can call them on 1300 947 820.
A family member, friend or carer may also be able to help you talk to your treating team.
You can ask for a second opinion from another psychiatrist about your treatment and whether you meet the criteria for compulsory treatment.
You can ask for a second opinion by calling the Second Psychiatric Opinion Service on 1300 503 426 or by emailing SecondPsychiatricOpinion@mh.org.au.
You can ask us for a written explanation of why the Tribunal made its decision. This is called a statement of reasons.
You can ask for a statement of reasons:
- using our Request a statement of reasons form or
- by emailing the Mental Health Tribunal.
This request must be made within 20 business days after your hearing.
If you ask for a statement of reasons we will also send a copy to your treating team. If your treating team asks for a statement of reasons we will also send a copy to you.
You can ask a lawyer for advice by contacting:
- Victoria Legal Aid - 1300 792 387
- Mental Health Legal Centre - (03) 9629 4422
- Victorian Aboriginal Legal Service - (03) 9418 5920
You can also ask a private lawyer to help you.
If you are on a treatment order you can ask for another hearing to have your order cancelled (revoked) at any time.
You can ask for another hearing:
- using our Request another hearing form or
- by emailing the Mental Health Tribunal.
We will share your request for another hearing with your health service.
It usually takes about 2 weeks from when you ask for another hearing to when your hearing will be held.
You can appeal our decision at the Victorian Civil and Administrative Tribunal (VCAT).
This means VCAT will hold a hearing to decide whether to cancel (revoke) or change your Order.
Find out more information on the VCAT website.