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:
- Mental Health Legal Rights Service Helpline - 1800 849 806
- 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.
If you've applied for a hearing to have your treatment order cancelled, we'll schedule a hearing as soon as a hearing time becomes available. We can usually schedule the hearing within 4 weeks of receiving your application but sometimes it may take longer.
There are some things you can do to prepare while you wait for a hearing date. You can:
- Plan what you will say. You can use our What I want to tell the Tribunal form to plan and write what you want to say at your Tribunal hearing.
- Ask for a second psychiatric opinion. 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.
- Ask someone to help you prepare for the hearing (this can be a family member or friend).
- Ask a lawyer for advice or to represent you at your hearing by calling: Mental Health Legal Rights Service Helpline - 1800 849 806 or Victorian Aboriginal Legal Service - (03) 9418 5920.
You'll receive a notice of hearing when your hearing has been scheduled. This will include:
- the date of your hearing and,
- instructions on how to participate.
If we have your mobile number, we'll also text you to let you know your hearing has been scheduled.
You can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the Tribunal's decision.
This means VCAT will hold a hearing to decide whether to cancel (revoke) or change your order.
Applications to VCAT must be made within 20 business days of the Tribunal's decision or receiving a statement of reasons.
You can apply online at vcat.vic.gov.au or contact VCAT:
- Phone: 1300 018 228
- Email: humanrights@courts.vic.gov.au