The ACT Mental Health Tribunal: A Different Approach

Abstract

This article outlines the Australian Capital Territory (ACT) statutory system for assisting people considered mentally ill or mentally dysfunctional. It provides a brief overview of the development of the ACT's Mental Health (Treatment and Care) Act 1994. In particular, emphasis is given to the role, function and powers of the Mental Health Tribunal, including a brief description of the process it follows in determining applications. The article also outlines recent amendments to the ACT's mental health legislation, briefly touching on cross-border issues, and highlighting the difficulties small jurisdictions sometimes face in catering to the needs of persons afflicted with a severe mental illness. The article concludes by providing case examples in the context of the legislative amendments, and an indication of the efforts being made to overcome service gaps for those with mental illnesses within the ACT.