Mental health decisions by SACAT
Mental Health decisions made by SACAT (under the Mental Health Act) are subject to a review within SACAT by more senior members and judges.
These are 'Reviews of SACAT decisions', (and also called 'Internal Reviews'). These cases were formerly dealt with by the District Court on appeal from the Guardianship Board.
The decision you receive from SACAT will state if it can be reviewed by SACAT.
You cannot apply:
- for Internal Review of a decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal
- for Internal Review of decisions that are not SACAT decisions (e.g. decisions made under s 70 of the Act ( transfer from interstate treatment centres) are subject to review under s 34 of the SACAT Act and other decisions are subject to a right of automatic review or by review in the ordinary jurisdiction of SACAT under the Act)
You can apply:
For Internal Review of
- a decision to grant consent to prescribed psychiatric treatment under the Mental Health Act (s42-44).
- a decision of SACAT about a Level 1 Community Treatment Order following an automatic review of the order under s 15 of the Act
- a decision of SACAT about a Level 2 Community Treatment Order under s 16 of the Act.
- a decision of SACAT about a Level 1 or Level 2 Inpatient Treatment Order following a review of the order under s 81 of the Act.
- a decision of SACAT about a Level 3 Inpatient Treatment Order under s 29 of the Act.
- a decision of SACAT under s 80 of the Act about a Community Treatment Order or an Inpatient Treatment Order following an automatic review of the order under s 79 of the Act
You do not need permission of the tribunal to apply for Internal Review of these decisions made under the Mental Health 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 that the application is about
- The Public Advocate
- Any person who presented evidence or material or made submissions to the Tribunal in the matter
- Any other person who satisfies the Tribunal 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. However, you can seek an order from SACAT or from the Supreme Court under s 73 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.