Inquiry into detention
The Mental Health Court has special inquiry and investigation powers. These can be used on application or on the court’s initiative if it is believed that the detention of someone in an authorised mental health facility is not lawful.
An application for an inquiry can be made by filing a Form 6 – Application to inquire (MHA) in the registry. The form must state the reasons for the application.
The court may refuse the application if it is satisfied that the application:
- may be more properly be dealt with by the Mental Health Review Tribunal on a review
- is frivolous or vexatious.
The court may accept the application and appoint a nominated practitioner (legal or medical) to investigate.