Appeals

A person having any matter before the Tribunal who is dissatisfied with a determination of the Tribunal, or a failure or refusal to make a determination may, subject to and in accordance with the rules of the Court, appeal to the Supreme Court against the determination, failure or refusal (s 163).

If a Community Treatment Order was made by the Tribunal the affected person may appeal to the Supreme Court if:

• the term of the CTO exceeds six months or no term is specified on the order, against the duration of the order; or
• on any question of law or fact arising from the order or its making.

If a Magistrate made the Community Treatment Order the Tribunal may hear the appeal.

If the Tribunal has made an interim or final Financial Management Order the protected person or a party to the original hearing may appeal under s 50 of the NSW Trustee and Guardian Act 2009 to the NSW Civil and Administrative Tribunal (NCAT) or alternatively to the Supreme Court under s 49 of the same Act.

Complaints about treatment and conditions in a mental health facility can be directed to the medical superintendent of the hospital, the Official Visitor to the hospital or the Health Care Complaints Commission.