JL (a pseudonym) v Mental Health Tribunal
Supreme Court of Victoria
Ginnane J
23/12/2021
[2021] VSC 868
Judicial review — Mental Health Tribunal — Jurisdiction — Delegate of authorised psychiatrist making Temporary Treatment Order — Whether mandatory requirements complied with — Effect of error or non-compliance in making order — Jurisdiction of Mental Health Tribunal to make Treatment Order on own motion — Mental Health Act 2014 (Vic), ss 5, 10, 11, 45, 46, 48, 49, 50, 53, 54, 55, 153, 361
Human Rights — Charter of Human Rights and Responsibilities — Right to freedom from medical treatment — Right to liberty — Temporary Treatment Order invalidly made — Whether incompatible with human rights — Whether authorised psychiatrist a ‘public authority’ — Whether Mental Health Tribunal a ‘public authority’ — Whether Tribunal gave proper consideration to relevant human rights — Validity of limits on human rights — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 4(1), 7(2), 10(c), 21(1), 21(2), 21(3), 32, 38
Practice and procedure — Role of amicus curiae
Words and phrases — ‘public authority’ — ‘subject to’
Read the judgment here.