Guideline 2 – Mental Health Tribunal matters

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a Mental Health Tribunal (MHT) matter and/or for an appeal from or review of the tribunal’s decision at the Victorian Civil and Administrative Tribunal (VCAT), if all of the following apply:

• The applicant is seeking to substantially reduce or remove the restrictions that the applicant is, or may be, subject to.
• The applicant meets one or more priority factors.
• The applicant would likely realise a substantial benefit from legal representation.
• If the matter involves a proceeding at VCAT, the lawyer assesses there is a reasonable chance that the matter will succeed in substantially reducing or removing the restrictions that the applicant is, or may be, subject to.
• The matter must also meet the State reasonableness test.

Priority factor

Definition of ‘priority factor’ is an applicant who is one of the following:

• Has been an inpatient for 3 months or longer.
• Is detained in a secure extend care unit.
• Is detained in a forensic mental health service.
• Is, or may be subject to, three or more consecutive community treatment orders on this occasion.
• Is facing a hearing about electroconvulsive treatment.
• Identifies as Aboriginal and/or Torres Strait Islander.
• Is a child or young person 17 years and under.
• Is 65 years and over.
• Identifies as LGBTQIA+.
• Is a victim of family or sexual violence.
• Has an intellectual and/or cognitive disability.
• Is from a culturally and linguistically diverse community, including if they need an interpreter or are a refugee or asylum seeker.
• Has low digital literacy.
• For whom the order has (or would have) a significant impact on their human rights, health, housing and/or trauma recovery, and a grant of legal assistance would increase their likelihood of participation in their hearing, or of achieving their desired outcome.

Substantial benefit

In deciding whether there is a substantial benefit, the factors to be considered include:

1. It will enable the applicant to meaningfully participate in their Mental Health Tribunal hearing.
2. It will enable the applicant to have a fair hearing.
3. It will increase the likelihood of the applicant succeeding in substantially reducing or removing the restriction of the order or proposed order.
4. It will increase the likelihood that the applicant’s views and preferences and recovery goals are understood by the Mental Health Tribunal.
5. The applicant is unable to self-advocate due to a systemic barrier.
6. Whether an alternative service (such as a VLA duty lawyer or other funded service) is available or appropriate.

VLA considers there is always a substantial benefit arising from legal representation where the consumer:

• identifies as Aboriginal and/or Torres Strait Islander and/or
• is a child under 18 years.

Means

Applications assessed under this guideline do not need to meet the means test but are subject to the funds available and VLA's standard terms and conditions.