Abstract
Drs Maylea and Ryan publish their response to Matthew Carroll's letter about their 2017 article ‘Decision-Making Capacity and the Victorian Mental Health Tribunal’.
Highlights
In his rejoinder to our recent contribution to the International Journal of Mental Health and Capacity Law,[1] Carroll suggests that our criticism of the day-to-day operation of the Victorian Mental Health Tribunal (which we based on review of its statement of reasons) is invalid because, in his words, it is premised on a “fundamental misinterpretation” of the Mental Health Act 2014 (Vic) (the Act).[2]
CHRISTOPHER MAYLEA AND CHRISTOPHER JAMES RYAN*. In his rejoinder to our recent contribution to the International Journal of Mental Health and Capacity Law,[1] Carroll suggests that our criticism of the day-to-day operation of the Victorian Mental Health Tribunal is invalid because, in his words, it is premised on a “fundamental misinterpretation” of the Mental Health Act 2014 (Vic).[2]
We read the provisions and made judgements as to what ought to be the proper approach of the Tribunal, taking account the Act’s objects and principles, the intention of the Parliament, the impact of human rights legislation and the United Nations Convention on the Rights of Persons with Disabilities[4], and the approach taken by an appeal Tribunal which overturned one of the Mental Health Tribunal’s decisions
Summary
In his rejoinder to our recent contribution to the International Journal of Mental Health and Capacity Law,[1] Carroll suggests that our criticism of the day-to-day operation of the Victorian Mental Health Tribunal (which we based on review of its statement of reasons) is invalid because, in his words, it is premised on a “fundamental misinterpretation” of the Mental Health Act 2014 (Vic) (the Act).[2]. RESPONSE TO CAROLL – PRESIDENT OF THE VICTORIAN MENTAL HEALTH TRIBUNAL
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