In the Matter Of JA (Mental Health)

The Mental Health Review Tribunal of the Australian Capital Territory conducted a hearing on 1 December 2016 to determine whether to make a psychiatric treatment order (PTO) for a person referred to as "JA". The hearing was based on a report from Dr Zain Hindawi, a psychiatrist, and testimony from Mr Mortimore, who is JA’s case manager. The Tribunal ultimately decided not to make a psychiatric treatment order as JA was not refusing treatment, care, or support.

The legal issue before the Tribunal was whether a psychiatric treatment order could be made when the person in question was not refusing treatment, care, or support. The Tribunal had to consider whether it could make such an order under section 58(2)(b) of the Mental Health Act 2015. Section 58(2)(b) states that a psychiatric treatment order can be made if the person either does not have decision-making capacity and refuses to receive treatment, care, or support, or has decision-making capacity but refuses to consent to treatment, care, or support. Given that JA was not refusing treatment, care, or support, the Tribunal concluded that it could not make a psychiatric treatment order.

In response to Dr Hindawi’s request for written reasons, the Tribunal explained that while JA lacks decision-making capacity, the key factor under section 58(2)(b) is whether the person is refusing treatment, care, or support. As Dr Hindawi’s report indicated that JA was not refusing treatment, care, or support, the Tribunal did not make a psychiatric treatment order. However, the Tribunal noted that an application for the appointment of a guardian and emergency guardian to give consent for psychiatric treatment, care, and support would be made given JA’s circumstances.

ORDERS:
No additional psychiatric treatment order was made, noting that JA is not refusing treatment, care, or support.