Guideline 2 – Mental Health Tribunal cases

Guideline 2 – Mental Health Tribunal cases

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for a case before the Mental Health Tribunal (MHT) and for an appeal from the tribunal’s decision if the person has a reasonable prospect of either:

  • obtaining their release from hospital
  • some other improvement in their condition.

Documentary requirements

Applications under this guideline can only be submitted via the standard grants assessment process.

A member of the section 29A practitioner panel or section 30 referral panel seeking a grant of legal assistance should submit an application via ATLAS for assessment, including all of the following documents:

  • after referring to guideline 2 and all available material, the lawyer’s assessment of the strengths and weaknesses of the matter before the MHT or the appeal of the tribunal's decision
  • if assistance is sought for an appeal from a decision of the MHRT, a copy of the tribunal's decision
  • reference to how the matter meets the State reasonableness test
  • relevant proof of means.