The Mental Health Act provides that designated mental health services must give patients access to documents 'in connection with' their proceeding at least 48 hours before the hearing. There is an exception that the authorised psychiatrist may ask the Tribunal to decide that the patient cannot see a particular document or documents because disclosing the document(s) may cause serious harm to the patient or another person. Patients’ right to access documents and applications to deny access to documents raise complex issues and have been the source of confusion and uncertainty in the past.
Related resources designed to present the same information in a more accessible format are:
Your right to access documents before your Tribunal hearing (a one-page summary directed to consumers and carers)
Access to documents in Mental Health Tribunal hearings – Overview and Frequently Asked Questions (including flow charts)