1. Mental Health Tribunal
  2. For health services

If your hearing is delayed, missed or cancelled

The Tribunal is currently receiving a lot of requests for hearings. Because of this, there may be delays and we may not be able to conduct your hearing. 

This page explains what will happen if your hearing is delayed, missed or cancelled because we are unable to conduct your hearing. 

This information is also available as a printable fact sheet: If your hearing is delayed, missed or cancelled (.pdf, 254kb)

I applied to have my treatment order revoked (cancelled) and my hearing hasn’t been scheduled
 

If you’ve applied for a hearing to have your treatment order revoked (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: 

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:

My community treatment order was varied to an inpatient treatment order and my hearing is overdue

If you have been an inpatient for more than 28 days and we haven't scheduled your hearing, we will write to you to let you know your hearing has been delayed.

We will schedule your hearing as soon as a hearing time becomes available. We will notify you of your hearing date at least 5 days before your hearing. If we have your mobile number, we will also text you to let you know your hearing has been scheduled.

If your inpatient treatment order is varied back to a community treatment order, a hearing will no longer be needed.

My hearing was ‘adjourned on the papers’. What does that mean?

If the Tribunal needs more time to hold your hearing, we can decide to adjourn your hearing and extend your treatment order ‘on the papers’ without talking to you and your health service. If this happens we will send you the new expiry date of your treatment order.

What happens next?

  • Once we’ve organised a new hearing date, we’ll send you a new notice of hearing.
  • If we have your mobile number, we’ll also send you a text message with your new hearing date.

My hearing has been rescheduled

If the Tribunal needs to change the date of your hearing, we’ll try to give you as much notice as possible. Unfortunately, sometimes changes are needed at short notice, including on the day of your hearing. If this happens your health service will let you know.

If we have your mobile number, we’ll text you to tell you your hearing is being rescheduled. We’ll also text you the new date of your hearing when it is set.

We’ll aim to provide you with at least 5 to 7 business days notice of your new hearing.

My hearing has been missed or cancelled

The Tribunal will only miss or cancel your hearing if we have no other option.

If this happens we’ll write to you, your treating team, and your support people (if we have their details) to let you know we weren’t able to hold your hearing.

If your treatment order expires and your treating team believes you still meet the criteria for compulsory treatment, they can restart the compulsory treatment process by making an assessment order and a temporary treatment order. 

Advice and support

You can: 

Feedback and complaints

If you would like to make a complaint or provide feedback to the Tribunal you can contact us.