Forensic Review

Forensic Review

Review of the Mental Health Review Tribunal in respect of forensic patients

In May 2017 the Minister for Mental Health, the Hon. Tanya Davies MP, requested that NSW Health review the Mental Health Review Tribunal in respect of forensic patients.

The review will consider if current law, processes and procedures appropriately balance:

  • community safety
  • interests of victims and their families
  • care and treatment needs of forensic patients.

The Review’s terms of reference focus on four key areas: 

  1. Do current law and operational processes and procedures of the Tribunal regarding leave and release decisions appropriately balance community safety, interests of victims, and the care and treatment needs of forensic patients?
  2. Are there options that can improve victim engagement with the Tribunal?
  3. Do the policy objectives prohibiting the publication of the name of any person in relation to a matter before the Tribunal remain valid?
  4. Are the criteria used to recruit members of the Tribunal appropriate? 

A final report will be provided to the Minister for Mental Health and the Attorney General in December 2017.

The Review is being conducted independly of the Tribunal and will be undertaken by the Hon Anthony Whealy QC, a lawyer and former judicial officer, known as the ‘Reviewer’, with appropriate administrative support. The review report and recommendations will draw on a broad range of information, including:

  • eight week call for public submissions
  • individual and group stakeholder consultations
  • best practice audit.

For further information please see:

For more information see the Review of the Mental Health Review Tribunal in respect of forensic patients fact sheet or contact NSW Health’s Mental Health Branch at MHRT_Review@doh.health.nsw.gov.au or on (02) 9391 9953.