Ls v Mental Health Review Board

[2013] WASCA 128

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mental Health
2. › Involuntary patient order
3. › Review of involuntary patient order
4. › Whether Mental Health Review Board has power to review after person ceases to be involuntary patient
5. › Whether review power under s 138 dependent on person being involuntary patient at time of review
6. › Mental Health Act 1996 (WA), ss 138, 139, 142, 145
1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal
4. › Review jurisdiction
5. › De novo review
6. › Whether Tribunal can review Board decision after person ceases to be involuntary patient
7. › Nature of review proceedings
8. › Tribunal's powers in review jurisdiction
9. › State Administrative Tribunal Act 2004 (WA), ss 27, 29, 47
1. Administrative Law
2. › Tribunals
3. › State Administrative Tribunal
4. › Review jurisdiction
5. › Whether Board's review obligations are 'functions and discretions' for purposes of s 29(1)
6. › State Administrative Tribunal Act 2004 (WA), s 29(1)
7. › Interpretation Act 1984 (WA), s 5

Quick Take

The SAT cannot carry out a substantive review of a Mental Health Review Board decision to continue an involuntary patient order where the person has ceased to be an involuntary patient by the time of the Tribunal's hearing. The Board's review power under s 138 of the Mental Health Act 1996 (WA) is forward-looking and dependent on the person being an involuntary patient at the time of review. However, the Tribunal retains jurisdiction and should dismiss such proceedings under s 47(1)(a) of the SAT Act as lacking in substance, rather than holding it lacks jurisdiction. Whether the Board has power to determine the validity of previous involuntary patient orders was left open.