Mental Health Act 2016

This section applies if the person the subject of a proceeding is not represented by a lawyer or another person at the hearing of the proceeding.

The tribunal may appoint a lawyer or another person (the appointed representative) to represent the person if the tribunal considers it would be in the person’s best interests to be represented at the hearing.

Also, the tribunal must appoint a lawyer (also an appointed representative) to represent the person at the hearing if—

the person is a minor; or

the hearing is—

for a review under chapter 12, part 6 of the person’s fitness for trial;

for an application under chapter 12, part 9, division 1 for approval to perform electroconvulsive therapy on the person;

another hearing prescribed by regulation; or

the Attorney-General is to appear or be represented at the hearing.

If the person is an adult with capacity, the person may waive the right to be represented by the appointed representative—

in writing; or

if the tribunal is satisfied it would not cause injustice to the person—in another way.

For subsection (4), the person has capacity to waive the right if the person has the ability to—

understand the nature and effect of the decision to waive the right; and

freely and voluntarily make the decision to waive the right; and

communicate the decision to waive the right.

The appointment of a lawyer as the person’s appointed representative under subsection (2) or (3) is at no cost to the person.