Mental Health Tribunal
Dr Freckelton QC is a current lawyer member of the Mental Health Tribunal of Victoria, appointed as such for the 6th time in 2016 by the Governor in Council until 2021. He has been a member of the Mental Health Review Board/Mental Health Tribunal since 1996. During a period in 2009-2010 he was the Acting President of the Mental Health Review Board.
Dr Freckelton has written many decisions of the Board which are published at: http://www.austlii.edu.au/au/cases/vic/VMHRB/
He was also the Editor of the 2nd volume of decisions of the Board, between 1991 and 1997, obtainable from the Board at: http://www.mhrb.vic.gov.au/publications/casebooks.htm
Dr Freckelton has written and spoken extensively about the role of Mental Health Tribunals: see book publications and I Freckelton and K Diesfeld, Involuntary Detention and Therapeutic Jurisprudence (Ashgate, Dartmouth, 2003).
Under the Mental Health Act 2014 (Vic) the roles of the Mental Health Tribunal are:
(a) to hear and determine —
(i) a matter in relation to whether a Treatment Order should be made;
(ii) an application to revoke a Temporary Treatment Order or Treatment Order;
(iii) a matter in relation to an application involving the transfer of the treatment of a compulsory patient to another designated mental health service;
(iv) an application to perform electroconvulsive treatment on a patient who does not have capacity to give informed consent;
(v) an application to perform electroconvulsive treatment on a person who is under the age of 18 years;
(vi) an application to perform neurosurgery for mental illness;
(vii) an application by a person subject to a Court Secure Treatment Order to determine whether the criteria specified in section 94B(1)(c) of the Sentencing Act 1991 apply;
(viii) an application by a security patient subject to a Secure Treatment Order to have the Order revoked;
(ix) an application by a security patient in relation to a grant of leave of absence;
(x) an application by a security patient for a review of a direction to be taken to another designated mental health service;
(xi) an application for an interstate transfer order or an interstate transfer of treatment order for a compulsory patient; and
(b) to perform any other function which is conferred on the Tribunal under the Mental Health Act, the regulations or the rules.
Dr Freckelton was also the Vice-President of the International Organisation of Mental Health Review Tribunals for several years. Its functions are:
- To establish and maintain an international organisation of leaders, members, managers and staff of MHTs, and other persons and groups of persons interested in the work of MHTs and laws relevant to involuntary status and treatment, authorisation and/or review including, but not limited to, stakeholder groups, representatives and advocates, consumer and carer organisations, and researchers and academia working on mental health law;
- To strengthen the existing local networks of MHTs and other interested persons and groups of persons;
- To advance, support, promote, encourage and disseminate the work of MHTs and knowledge of laws relevant to involuntary admission and treatment, authorisation and/or review;
- To publish material and literature relevant to the exchange of information and dissemination of knowledge and research specific to the work of MHTs and laws relevant to involuntary admission and treatment, authorisation and/or review, and to the objectives of the organisation;
- To stimulate, support, promote and encourage research on the work of MHTs and laws relevant to involuntary status and treatment, authorisation and/or review through multidisciplinary and cross-national approaches.