Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 03:35) Current version
Chapter 6 Part 1
Part 1 The Tribunal
140   Constitution of the Tribunal
(cf 1990 Act, s 252)
(1)  There is constituted by this Act a Mental Health Review Tribunal.
(2)  The Tribunal has the functions conferred or imposed on it by or under this Act or any other law.
(3)  Schedule 5 has effect with respect to the Tribunal.
141   Membership of Tribunal
(1)  The Tribunal consists of the following members appointed by the Governor:
(a)  the President of the Tribunal who is to be appointed as a full-time or part-time member,
(b)  1 or more Deputy Presidents of the Tribunal who may be appointed as full-time or part-time members,
(c)  other members (if any) who may be appointed as full-time or part-time members.
(2)  The members (other than the President and any Deputy President) are to be appointed from the following classes of persons:
(a)  Australian lawyers,
(b)  psychiatrists,
(c)  persons having, in the opinion of the Governor, other suitable qualifications or experience, including at least 1 person selected from a group of persons who are nominated by consumer organisations.
(3)  The members are to include 1 or more women and 1 or more persons of ethnic background and a different person is to be appointed to satisfy each of those qualifications, even though a person so appointed may possess both of those qualifications.
(4)  If, at the time at which an appointment is required to be made of a person selected from a group of persons who are nominated by consumer organisations no such group has been nominated, the Governor may appoint as a member instead a person who, in the opinion of the Governor, has suitable qualifications or experience.
142   Registrar and other officers of the Tribunal
(cf 1990 Act, s 256)
(1)  A Registrar and such staff as may be necessary to enable the Tribunal to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service.
(2)  The Registrar has the functions conferred or imposed on the Registrar by or under this Act or any other law or by the Tribunal in the exercise of its functions.
143   Authentication of documents
(cf 1990 Act, ss 254, 257)
(1)  The Tribunal is to have a seal of which judicial notice is to be taken.
(2)  Every document requiring authentication by the Tribunal is sufficiently authenticated without the seal of the Tribunal if it is signed by the President or a Deputy President.
144   Judicial notice of certain signatures
(cf 1990 Act, s 258)
Judicial notice is to be taken of the signature of the President, a Deputy President or the Registrar of the Tribunal when appearing on a document issued by the Tribunal.
145   Certain proceedings prohibited
(cf 1990 Act, s 259)
No proceedings lie against the Tribunal, a member of the Tribunal or a member of staff of the Tribunal for or on account of any act, matter or thing done or ordered to be done or omitted or suffered to be done by the Tribunal, member or member of staff, and purporting to be done, ordered, omitted or suffered for the purposes of carrying out the provisions of this or any other Act, if the Tribunal, member or member of staff has acted in good faith.
146   Application of Defamation Act 2005 to proceedings of Tribunal
(cf 1990 Act, s 260)
Section 27 of the Defamation Act 2005 makes provision for a defence of absolute privilege in respect of publications of defamatory matter in the course of proceedings of the Tribunal.
Note.
 Section 27 (2) (b) of the Defamation Act 2005 provides that the defence of absolute privilege is available in respect of defamatory matter that is published in the course of proceedings of an Australian court or Australian tribunal, including (but not limited to) the following:
(a)  the publication of matter in any document filed or lodged with, or otherwise submitted to, the court or tribunal (including any originating process),
(b)  the publication of matter while giving evidence before the court or tribunal,
(c)  the publication of matter in any judgment, order or other determination of the court or tribunal.
The term Australian tribunal is defined in section 4 of that Act to mean any tribunal (other than a court) established by or under a law of an Australian jurisdiction that has the power to take evidence from witnesses before it on oath or affirmation (including a Royal Commission or other special commission of inquiry).
The Mental Health Review Tribunal is an Australian tribunal for the purposes of the Defamation Act 2005 because it is a tribunal that has the power under section 151 (5) of this Act to take evidence from witnesses under oath.
147   Annual report
(cf 1990 Act, s 261)
(1)  As soon as practicable after 1 September, but on or before 1 December, in each year, the President must prepare and forward to the Minister a report as to the exercise by the Tribunal of its functions.
(2)  Without limiting subsection (1), the report is to include the following matters relating to persons taken to mental health facilities under Part 2 of Chapter 3:
(a)  the number of persons so taken and the provisions of this Act under which they were so taken,
(b)  the number of persons detained as mentally ill persons or mentally disordered persons,
(c)  the number of persons in respect of whom a mental health inquiry was held,
(d)  the number of persons detained as involuntary patients for 3 months or less and the number of persons otherwise detained as involuntary patients.
(3)  The report is also to include any matters the Minister may direct or that are prescribed by the regulations.
(4)  The Minister must lay the report, or cause it to be laid, before each House of Parliament as soon as practicable after receiving the report.
(5)  A report made under the Annual Reports (Departments) Act 1985 in respect of the Department of Health may include any report required to be made under this section.
148   Delegation
(cf 1990 Act, s 263)
(1)  The President may delegate to any of the following persons any of the functions of the President, other than this power of delegation:
(a)  a member of the Tribunal,
(b)  the Registrar of the Tribunal,
(c)  a person of a class prescribed by the regulations.
(2)  A delegate may sub-delegate to a person referred to in subsection (1) (a), (b) or (c) any function delegated by the President if the delegate is authorised in writing to do so by the President.