Commentary on Lindsay J’s Judgment Power of MHRT

The power of the Mental Health Review Tribunal (MHRT) to control the treatment of patients by the hospital was considered for the first time at the hearing about Saeed Dezfouli held on the 20th September 2013. Judicial member Helen Morgan asked Saeed’s lawyer:
“You say the Tribunal has that power?”[1] After hearing all arguments the Tribunal stated it would only “intervene in exceptional circumstances”.[2]
That decision was challenged by the NSW Supreme Court. The recent judgment of Lindsay J in Saeed Dezfouli’s case [2014] NSWSC 31 establishes the Tribunal’s power over the mental health system.
The Mental Health Consumer Information Sheet was created after consultation with the Tribunal and Justice Health. Download here