Z v Mental Health Review Tribunal

The applicant, Z, appealed to the primary judge against a decision of the Mental Health Review Tribunal to grant a community treatment order. The primary judge dismissed Z's appeal, and Z then sought leave to appeal that dismissal to the Court of Appeal. The dispute concerned the nature of the hearing conducted by the primary judge on appeal from the Tribunal and whether the primary judge made the necessary findings required by the relevant legislation.

The central legal issues before the Court of Appeal were whether the primary judge erred in conducting the appeal from the Tribunal as a de novo hearing, and whether the primary judge made the requisite findings under the *Mental Health Act 2007* (NSW) to support the decision to dismiss the appeal.

The Court of Appeal held that the primary judge had erred in treating the appeal as a de novo hearing. It was determined that an appeal under section 163 of the *Mental Health Act 2007* (NSW) was not a broad rehearing of the matter but rather an appeal on the merits of the decision made by the Tribunal. The Court reasoned that the primary judge should have reviewed the evidence and findings of the Tribunal and determined whether the Tribunal's decision was correct, rather than conducting a fresh inquiry. Consequently, the Court allowed the appeal, set aside the primary judge's order dismissing Z's appeal, and remitted the matter back to the Equity Division for further consideration. The Court also made orders suppressing the applicant's identity.