Categorised list of statements of reasons on AustLII website
The Tribunal publishes select statements of reasons on the AustLII website. In order to assist people to navigate statements of reasons on AustLII and to improve the transparency of the Tribunal’s decision-making, the Tribunal has decided to publish from time to time a list categorising the published statements of reasons under various broad categories, namely:
- Statements of reasons highlighting the Tribunal’s interpretation and application of the provisions of the Mental Health Act 2014, governing Treatment Orders, ECT Orders and Tribunal hearings. This category includes any statements of reasons addressing complex or novel legal questions; but also includes statements of reasons selected because they provide a particularly informative example of the Tribunal’s decision making.
- Statements of reasons which highlight the application of mental health principles or other themes such as recovery-oriented practice, solution-focused hearings, handling of particular procedural fairness scenarios (for example, the participation of carers and family members, the adequacy of information before the Tribunal etc).
- Statements of reasons concerning hearings that involved particularly complex or novel facts or clinical issues.
The Tribunal has now released a categorised list of 2016 decisions available on the Tribunal’s website here.