For help with Mental Health Tribunal advice or representation, you can contact us directly or via the new Mental Health Legal Rights Service helpline.

Mental Health Legal Centre’s Mental Health Tribunal Representation

The Mental Health Legal Centre provides legal representation to consumers with Mental Health Tribunal hearings. The MHLC believes that everyone has a right to legal representation and should be supported to express their own rights, choice and agency throughout the process. We aim to address the alarmingly low level of legal representation for people subject to enforced psychiatric treatment at hearings where significant decisions are being made about their liberties.

Intake Process

If you have a Mental Health Tribunal Hearing coming up and know the date of the hearing you can call our office number (03) 9629 4422 to arrange representation. If you cannot get through or if you have called outside of phone hours, please leave a message with your name, hearing date and contact number, and we will return your call.

The intake team will take down your details and you will be placed on our list for representation. You will be notified when a lawyer is confirmed to represent you.

Please contact us for urgent Electroconvulsive Therapy (ECT) hearings.

If we can provide representation:

We will notify you as soon as possible. We will then inform the health service that we are representing you and request your report, which should be provided to you at least 2 business days before your hearing. Ask your health service for a copy if you have not received one. The lawyer will be in contact with you to take your instructions and prepare for the hearing.

If we cannot provide representation:

We will inform you if we have not found representation for your hearing. Unfortunately, this can happen due to a lack of availability of lawyers.

In this case, we will contact you to see if you would like to receive legal advice prior to your hearing.

You can also request to adjourn your hearing by contacting the Mental Health Tribunal directly on (03) 9032 3200.

If the outcome of your hearing is not favourable, you can request another hearing at any time by contacting the Mental Health Tribunal.

Additional Resources

The Mental Health Legal Rights Service is a new service for people who are experiencing, or may experience, compulsory mental health treatment in Victoria. This includes people who are under community or inpatient treatment orders.

About the legal service partnership

The Mental Health Legal Rights Service is a partnership between the Mental Health Legal Centre, the Victorian Aboriginal Legal Service  and Victoria Legal Aid .

The service works with consumers to understand their needs and connect them to the right legal service, which will then offer tailored advice and further legal support.

About the helpline

The Mental Health Legal Rights Service helpline is staffed by Victoria Legal Aid lawyers who provide free legal advice and information about mental health legal rights.

Consumers can access the helpline by free call on 1800 849 806 from 10 am to 4 pm, Monday to Friday.

Carers, family members, kin and supporters can call to access general information. The full range of services and referrals is only available to consumers.

First Nations consumers and kin

First Nations people contacting the helpline will be offered a range of referral options including the Victorian Aboriginal Legal Service (VALS). VALS is an Aboriginal Community Controlled Organisation that can provide culturally safe legal assistance and social and emotional wellbeing support. They can also be contacted directly on (03) 9418 5920.

Help in your language

If you do not speak English or need an interpreter, you can call the Translating and Interpreting Service  on 131 450 and ask to be put through to the Mental Health Legal Rights Service helpline on 1800 849 806.

Support if you are deaf or find it hard to hear or speak on the phone

If you are deaf or you find it hard to hear or speak on the phone, you can contact the helpline through the National Relay Service. Visit the National Relay Service  website for more information.

Mental Health Tribunal

You can contact the Mental Health Tribunal to check your hearing date and time. You will also need to contact them to request adjournments and new hearings.

To speak to an advocate:

Independent Mental Health Advocacy (IMHA)

Independent Mental Health Advocacy (IMHA) can assist those who are on a compulsory treatment order. Their independent advocates can support you to speak up about your treatment preferences, provide you with information about your rights, and advocate for what you want.

To get a second opinion:

Second Opinion Psychiatric Service

You can request a second opinion from the Second Opinion Psychiatric Service, who can provide a second opinion in relation to the treatment provided to you. It does not offer second opinions on diagnosis.

You can also ask for an assessment from another psychiatrist at your treating mental health service or from a private psychiatrist.

To make a complaint:

Mental Health and Wellbeing Commission (MHWC)

Australian Health Practitioner Regulation Agency (AHPRA)

You can also contact AHPRA to submit a concern about a particular practitioner, if you believe their behaviour is placing the public at risk or if they are practicing in an unsafe way.