A security patient is a patient subject to a secure treatment order or a court secure treatment order.
A security patient may apply to the Tribunal to request a review of an authorised psychiatrist’s decision to refuse them a leave of absence.
The Tribunal must hear and determine the application as soon as practicable.
What will the Tribunal decide?
The Tribunal must decide whether or not to direct the authorised psychiatrist to grant the security patient a leave of absence.
To make its decision the Tribunal must consider the views of the security patient as well as the views of their carer, nominated support person or guardian.
The Tribunal must also consider the purpose of the leave, and whether or not the health and safety of the security patient or another person would be seriously endangered if the leave of absence was granted.
How a security patient can apply to the Tribunal
A security patient can apply for a review of a decision to refuse to grant them a leave of absence by completing the MHWA 114 Application to the Mental Health Tribunal form and sending it to the Tribunal by:
Email: mht@mht.vic.gov.au
Fax: (03) 9032 3223
Post: Level 30, 570 Bourke Street Melbourne VIC 3000
What the health service must do
Write a report for the patient and the Tribunal
The health service must complete a report for the Tribunal hearing and provide copies to the Tribunal and the patient at least 2 business days prior to the hearing.
The report should be written using the Tribunal’s Report for applications for review of refusal to grant leave of absence to a security patient (MHT 43) template.
Provide other relevant documents
In addition to the report template the health service must also provide:
- The patient’s application for leave and any records related to the authorised psychiatrist’s decision to refuse them leave
- A copy of the relevant order that establishes the Tribunal’s jurisdiction.
- The other documents specified in Practice Note 4, being:
- Latest discharge or admission summaries
- Consultant notes in date order for the last three reviews
- Notes from registrar/medical officer reviews in date order during the three months prior to the hearing
- Notes from case manager reviews in date order during the three months prior to the hearing
- Nursing notes for up to a month preceding a hearing held during an inpatient admission
- Advance Statement of Preferences
- Nominated Support Person form
- Second psychiatric opinion report
- Correspondence from private/specialist practitioners or general practitioners
- Forensic, social work, occupational therapy, psychological and neuropsychological reports
- Any reports related to additional therapeutic interventions offered by the service
- Information about non-clinical or community supports involved in the person's care
- CMI records
- Any other documents which the treating team believes are relevant to the hearing
- Latest discharge or admission summaries
- Consultant notes in date order for the last three reviews
- Notes from registrar/medical officer reviews in date order during the three months prior to the hearing
- Notes from case manager reviews in date order during the three months prior to the hearing
- Nursing notes for up to a month preceding a hearing held during an inpatient admission
- Advance Statement of Preferences
- Nominated Support Person form
- Second psychiatric opinion report
- Correspondence from private/specialist practitioners or general practitioners
- Forensic, social work, occupational therapy, psychological and neuropsychological reports
- Any reports related to additional therapeutic interventions offered by the service
- Information about non-clinical or community supports involved in the person's care
- CMI records
- Any other documents which the treating team believes are relevant to the hearing.
These documents should also be made available to the patient at least 2 business days before the hearing.
Attend the Tribunal hearing
The authorised psychiatrist who made the decision not to grant the security patient’s request for the leave of absence (or their delegate) must attend the hearing.
Other staff involved in the patient’s treatment are also encouraged to attend.
How the patient can prepare for the hearing
The security patient can prepare for the hearing by:
- asking someone to help them prepare for and/or to attend the hearing with them like a family member, friend, lawyer or advocate (see Find someone to help)
- reading the report prepared for the hearing
- planning what they want to say about whether granting a leave of absence would seriously endanger their health and safety or the safety of any other person.
The health service should support the patient to prepare for the hearing.