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"Mental Health Review"

About: Queensland

(as a service user),

I'm on a Treatment Authority and so have had a few Mental Health Review Tribunal hearings. Each time I go to the effort of preparing a Self Report and attending the hearing itself. The members of the tribunal ask me questions I feel are intrusive and personal, and I have to answer quickly but carefully, knowing that anything I say can, as I understand it, be used to justify their decision of continuing the TA. Ultimately, however, it seems their decision is already made based on the Clinical Report, and there is nothing I can say to change it. It's not fair that the doctor's opinion is treated as fact and is not questioned, whilst it seems no weight is given to anything the patient says.

I have the capacity to consent to medical treatment, and so believe I should not be on a TA. I researched the criteria for having this type of capacity, and explicitly addressed how I meet each one in my Self Report. I invited the Tribunal to ask me questions to assess my capacity, however they did not and seemed simply accepted what I believe is my doctor's unfounded claim that I lack capacity. I don't know if my doctor genuinely believes I lack capacity, or if they are lying to make their job easier, but either way I feel their claims should not be taken as unquestionable truths. The purpose of the Tribunal is to provide oversight, and ensure the MHA is applied appropriately. But I feel it does neither of these things if it refuses to challenge the doctors who are making the involuntary treatment orders.

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