Mental Health Review Tribunal Rules, 1981

L.N. 92 of 1981

MENTAL HEALTH ACT, 1976

(ACT NO. XVIII OF 1976)

Mental Health Review Tribunal Rules, 1981

IN exercise of the powers conferred by section 41 of the MentaI

Health Act, 1976, the Minister of J ustice, Lands, Housing and Parlia­

mentary Affairs has made the following rules

These rules may be cited as the Mental Health Review

Tribunal Rules, 1981, and shall come into force on such date as the

Minister responsible for Justice may fix by notice in the Gazette.

PART I

In these rules, unless the context otherwise requires -

FORM 1

Application by Patient in Hospital

.

he1'eby apply

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

(name and address of patient)

to the Mental Health Review Tribunal in accordance with section ..........................

.

(state section of the Act)

of the Mental Health Act, 1976.

l am detained in

(name of hospital)

Detai1s of application

(the applicant may give his reasons for making the appli-

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

cation. If a formal hearing is desired, this should be stated here) .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

. . .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

Signature

of patient or person

authorised to sign on his behalf

Date .........................................

.

B

FORM 2

Application by Patient's Nearest Relative or

by Displaced Relative

.

..

. . .

. .

.

.

.

' ..... ......... hereby apply

T

.

l.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

(narne and address of patient)

to the Mental Health Review Tribunal in accordance with section .......................... .

(state section of the AcO

of the Menta1 Health Act, 1976, in respect of ................................................. .

.

(narne of patient)

who is detained in .........................................

.

(name of hospital).

I am-

2. (a)

the patient's nearest relative within the

meaning

of the

Act,

being

his/her .......................................................... , and am exercising

(state relationship)

the functions of nearest relative,

(b)

the patient's

nearest

relative within the meaning of the Act,

being

or

his/her ............................................................ but was divested

(state relationship)

of the

functions

of

nearest

relative

by

a Court Decree

dated the

(date of decree)

(c)

authorised to exercise the functions of the patient's nearest relative by a

or

Court Decree and a copy thereof is attached to this application.

Details of application

3. .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

(the applicant may give his reasons for making the app1i-

cation. If a formal hearing is desired, this should be stated hereL

Signature

of patient

person

or

authorised to sign on his behaIf

Date .........................................

.

"the Act" means the Mental Health Act, 1976;

"applicant" means a person who under the Act is entitled to

apply, or being so entitled has applied, to the Mental Health Review

TribunaI;

"displaced relative" in relation to a patient means the nearest

relative of the patient whose functions under the Act are exercisable

by another person in pursuance of a Court decree made under sec­

tion 31 or 32 of the Act;

"Minister" means the Minister responsible for public health;

"nearest relative" in relation to a patient means the person

who has for the time being the functions under the Act of the nearest

relative of that patient;

"patient" in relation to an application means the person in

respect of whom the application is made;

"reference" includes a reference by the Minister under section

35 of the Act and a reference by the Minister responsible for Justice

under section 43 of the Act;

"responsible authority" in re1ation to a patient liable to be

detained under the Act in a hospital means the manager of the

hospital;

"tribunal" means the Mental Health Review Tribunal.

PART II

Statement by Responsible Authority

Facts for the information of the tribunal, so far as known to the authority.

Patient's full name.

2. Patient's age.

3. Date of patient's admission to hospital in which now detained.

4. History of present authority for detention, i.e. date of admission, section of

the Act under which made, date of any subsequent renewals or transfer, or

removal of restriction on discharge.

Form or forms of mental djsorder from which pat.ient is recorded as suffering

5. in the authority for detention (as amended by any reclassification under the

Act).

6. Name and address of patient's nearest relative or, if some other person is

exercising the functions of nearest relative, that person.

7. If the responsible authority considers the applicant not entitled under the Act

to make the application, reasons for this opinion.

Reports

Statement of reasons why the responsible authority is not willing to discharge

the patient (including a report on the patient's mental condition and an

account of the facilities available for the care of the patient if the authority

for detention was discharged) or, in the case of an application under section

29 of the Act, the grounds on which the authority considers the special criteria

described in that section to be established.

2. If the applicant is the patient and has requested a formal hearing, opinion of

responsib1e medical officer as to whether this would be detrimental to the

patient's health.

3. Any other observations on the application.

Ippubblikat mit-Taqsima

tat-Tagħrif - Kastilja

Pllblished by

the Informa/ion Divisioll

-

Kastilja

-

Mitbugħ

f!.·Istamperija tal"Gvern

Printed 01 Ihe

Gavemmenl Printing Press

-

-

(l) An application shall be made by an applicant, or any

Metbod of

making

person authorised by him to apply on his behalf, on the appropriate form

app!ication.

of application set out in the First Schedule to th es e rules, and shall be

sent to the Tribunal.

(2) The secretary to the tribunal or the responsib1e authority

shall, on reguest, supp1y the appropriate form of application to an ap­

p1icant.

(3) When an applicant reguests a forma1 hearing, that fact

shall be stated in his app1ication.

( l ) Where an application by or in respect of a patient has

been considered and determined by the tribuna1, the tribunal may, sub­

ject to the provisions of this ru1e, postpone the consideration of a further

application by or in respect of that patient until such time as the tribunal

may direct, not being late1' than the expiration of twelve months from

the date on which the previous app1ication was determined.

(2) The power of postponement conferred by paragraph (1)

of this rule shall not app1y to -

(a) any application if the previous app1ication was determined

before a break or change in the authority for the patient's detention;

(b) an application under section 21 of the Act in respect of

a renewa1 of authority for detention of the patient for a period of

one year, unless the previous application was made to the tribunal

more than six months after the patient's admission to hospital; and

(c)

an application under section 29 of the Act.

(3) Where the consideration of an application is postponed,

the tribuna1 shall so inform the a ppli c a n t and any other person to whom

a copy or notice of the app1ication has been sent.

(4) Where the consideration of an application is postponed

any action which may have been taken on the app1ication under the

provisions of rules 5 to 7 of these rules shall be disregarded, and consi­

deration of the application shall proceed as if the application had been

made at the expiration of the period of postponement, unless before that

date the app1ication has been withdrawn of is deemed to be withdrawn

in accordance with the provisions of rule 1 5 of these rules, or has been

determined in accordance with the immediately following paragraph.

(5) Where a new app1ication is made in respect of a patient

and is not postponed under this rule, the tribunal may direct that any

postponed application in respect of the same patient shall be considered

and determined at the same time as the new application.

(6) For the purposes of this rule, a break or change in the

authority for the detention of a patient shall be deemed to have occurred

only -

(a) on his admission to hospita1 in pursuance of an applica­

tion for treatment or in pursuance of a hospital order without an

order restricting his discharge; or

(b) on the app1ication to him of the provisions of Part 111 or

Part IV of the Act as if he had been so admitted or received fol­

lowing -

the making of a transfer direction, of

(i)

(li) the ceasing of effect of a transfer direction or an

order or direction restricting his discharge.

The tribunal shall on receipt of an application or, where the

Notice to

responsible

consideration of an application has been postponed, at the end of the

authority.

period of postponement send a copy of the application to the responsible

authority.

(] ) The responsible authority shall send to the tribunal, not

Statement by

responsible

later than one week from the receipt by the said authority of the copy

authority.

of the application, a statement, hereinafter referred to as "the authority's

statement", coutaining the information referred to in the Second Schedule

to these rules, so, however, that any part of the said statement which in

the opinion of the responsible authority should be withheld from the

applicant on the grounds that its disclosure would be undesirable in the

interests of the patient or for other special reasons shall be made in a

separate document and the said authority shall specify the reasons for

not wishing the information contained in such document to be disclosed

to the applicant.

(2) The tribunal shall, on receipt of the authority's statement,

send to the applicant a copy of the statement excluding any part thereof

which is contained in a separate document in accordance with the last

foregoing paragraph.

(3) The tribunal shall inform the responsible authority of any

comments on the authority's statement which the tribunal may receive

from the applicant and shall give the responsible authority an opportu­

nity of considering any such comments and shalI, if the responsible

authority so requests, supply the said authority with a copy thereof.

The tribunal shall, on receipt of the authority's statement, give

notice of the application to the person named in the said statement as

exercising the functions of the nearest relative where the applicant is the

patient or the displaced relative, and shall inform the person to whom

notice is given of the arrangements which wiIl be made for determining

the application.

The tribunal may consider more than one application in

respect of a patient at the same time and may for this purpose adjourn

the proceedings relating to any application.

PART III

(1) The applicant, the responsible authority and any person

to whom notice of the application has been given under the provisions

of ru1e 7 of these rules rnay be represented by any person authorised

in that behalf, not being a person liable to be detained under the Act

or a person receiving treatment for mental disorder at the same hospital

as the patient by or in respect of whom the application is made.

(2) An authorised representative may take all such steps and

do all such things relating to the proceedings as the person whom he

represents is by these rules required or authorised to take or do.

(3) Unless the tribunal otherwise directs, a patient or other

perSon appearing before the tribunal (otherwise than to give evidence)

may be accompanied by such other person as he wishes.

The medical member of the tribunal shall, or where there is

examination.

more than one medical member the medical members may and one

shall, examine the patient or take such other steps as he 01' they may

consider necessary to form an opjnion of the patient's menta! condition;

and for this purpose the patient may be seen in private and his mcdical

records examined.

(I) The tribunal may at any time before determining the

application interview the patient and shall interview him if he so

requests, and such interview may take place in private or in the presence

of the applicant or any other person as the tribunal may think fit.

(2) The tribunal may, where it thinks it appropriate, authorise

any one 01' more of its members to visit and interview the patient in

private.

(l) E x c e pt in so far as the tribunal considers it undesirable

to do so in the interests of the patient or for other sp e cia l reasons, the

tribunal shall make availab1e to the applicant any par t of the authority's

statement which has been withheld from him under the provisions of

rule 6 of these rules, and shaB on request make available to the applicant

and the responsible authority copies of any other documents obtained

by or furnished to the tribunal for the purposes of the application and

a statement of the substance of any oral information so obtained or

furnished, and shall if so requested adjourn the hearing of the applic a ­

tion so far as may in the opinion of the tribunal be necessary to enable

the applicant Of the responsible authority to consider any document or

information made available under this paragraph

Provided that the tribunal may refuse to supply copies of any

document, or a statement of any ora] information, which appears to the

tribunal not to be relevant for the purposes of the application.

(2) The tribunal may disclose to any person <lny information

withheld under the provisiol1s of these rules on terms that the informa­

tion shall 110t be disclosed to the applicant 01' the patient 01' to any other

pe1'son or be used otherwise than in connection with the application.

(l) For the purposes of obtaining information, the tribunal

may take evidence on oath and may subpoena any witness to appear

before the tribunal 01' to produce documents, but no person shall be

compelled to give any evidence or produce any document which he

could not be compelled to give Of prod u ce before any court.

(2) The tribunal may receive in evidence any document 01'

information notwithstanding that s11ch document or information w0111d

be inadmissible in a court.

(3)

Subpoenas

be signed

by

the

chairman

of

the

shall

tribunal.

Subject to the proVJSlOnS of paragraph (2) of rule 26, the

tribunal may adjourn the hearing of any evidence Of representations 01'

the consideration of an application 10 such date as the tribunal may

determine.

An applicant may withdraw his application at any time on

giving notice in writing to the Secretary of the tribunal, and an applica­

tion shall be deemed to be withdrawn if the patient ceases to be 1iabl e

to be detained under the Act in Malta.

PART IV

(l) Where the a pp l ica n t has not requested a forma! he a ring ,

the tribunal may, subject to the pro v isions of this rule, determine the

appl i cation in such manner as the tribunal may think ap p rop ri ate .

Before determ i ning the appl i cation , the tribunal shall -

(2)

(a) take all such steps as it considers proper (including intcr­

vie w ing any person) to ensure that it has before it the informC\tion

necessary to decide the case; and

(b) give to the a ppl icant , the responsi b le authority and a n y

person to whom notice of the application has been gi v en under the

pro v isions of ru)e 7 of these rules, an opportunity of an interview

with the tribunal , at a time and place of which at least seven days'

notice shall be given unless the person concerned has disclaimecl

any interest in the app li ca t io n; a n d

(c) cOllsider any wr itten representations made to the tribunal

with reference to the app l i c ation .

(3) Any person interviewed by the tribunal under this rule

shall be given the opportun ity of stating his views and drawing the

attcntion of the tribunal to any evidence or information re!evant t o t h e

application .

The tribunal shall co n sider a reference by the Minister as if

Rcfcrence by

it were an app 1 ication by a patjent wħo had not requested a forma l

hcaring and the pro v is i ons of these rules shall apply to the reference

<ts if it were such an application with the foI!owing modifications

(a)

rules 4 and 15 shall not apply;

(b) in rules 5 and 6, for the words "copy of the application"

t h e r e shall be substituted the words "notification of the re f er e nce " ;

(c) paragraphs (3) and (5) of r u l e 26 shall apply with the

substitution of references to the Minister for references to the

a pplica n t; and

(d)

the Minister may, if !le thinks fit, withdraw the refere n ce

at any time before it is determined by the tribuna1.

The tribuna 1 shall consider a reference by the Minister

Reference by

Minister

responsible for Justice in whatever informa! manner the tribunal t hi n ks

responsible for

ap p r opri a te and may on any such refere n ce interview the patient and

Justicc.

shal! i n ter v i ew him if he so requests; and after co n sideri n g the reference

the tribu n al shall give its ad v ice thereon to the said Minister.

All proceed i ngs to which t hi s Part of these rules apply sh a l l

Proceedings

take place in private but the tribuna) l1lay, if it t h i n ks fit, au th orise any

in private.

person to at t end .

PARTV

This Part of these rules sha l l apply only to proceed ings

AppJication

of Part V.

which t he applicant has requested a formal hearing.

The trib un al shall give at least seven days' notice of the date,

Notice of

timc and place fixecl for the hearing to the applicant, the responsible

hearillg.

authority, any person who has received a notice of the appl ication under

the provisions of rule 7 of these rules, and to any other person who,

in the opinion of the tribunal, should have an opportunity of being

heard.

Where the applicant who has requested a forma l hearing is

the patient, the tribunal may, before proceeding to hear the application,

consider whether a forma! hearing would be detrimental to his health

and shaH do so if the authority's statement inc1udes an opinion by the

responsible medical officer that a formal hearing would be so detrimen­

tal; and where the tribunal is of opinion that a formal hearing would

be detrimental to the health of the patient, the application shaH be

determined in accordance with the provisions of rule 16 of these rules

as if the applicant had not requested a forma! hearing.

(l) The tribunal sha11 sit in private unless the applicant

requests a hearing in public and the tribunal is satisfied that a hearing

in public would not be detrimental to the interests of the patient and

would not for any other reason be undesirable.

(2) When sitting in private the tribunal may admit to the

hearing any person or c1ass of persons on such terms and conditions

as the tribunal may consider appropriate.

(3) The tribunal may exc1ude from any hearing any person

or c1ass of persons it thinks fit; and it may exc1ude the patient or any

other person whi1e the tribunal is hearing evidence if, in its opinion,

it would be undesirable in the interests of the patient or for other special

reasons for the patient or such other person to be present.

(4) Except in so far as the tribunal may direct, information

about proceedings before the tribunal and the names of any person con­

cerned in the proceedings shall not be made public.

(l) Subject to the provisions of this rule, any person who

has received notice of the hearing rnay appear and take such part in

the proceedings as the tribunal may think proper.

(2) The tribunal shaH give an opportunity to the applicant

to address the tribuna!, to give evidence and to call witnesses; and the

responsible authority, and with the permission of the tribunal any other

person, may put questions to the applicant or to any witness called by

him or on his behalf.

(3) The tribunal shaH give the responsible authority and any

other person notified of the hearing under the provisions of rule 21 of

these rules an opportunity to address the tribunal, to give evidence and

to call witnesses and may permit any other person whom the tribunal

may think fit to do so; and the applicant and the responsible authority,

and with the permission of the tribunal any other person, may put

questions to any per son giving evidence before the tribunal.

(4) Where the patient is the applicant or is called as a wit­

ness, the tribunal may, if it considers it desirable in the interests of the

patient's health to do so, interview the patient or take his evidence in

private Of in any manner the tribunal thinks appropriate.

(l) Where it appears to the tribunal that it is desirable to

obtain further information on any point, the tribunal may adjoum for

the information to be obtained in such manner as it may direct or for the

applicant or any other person concerned to produce the information.

(2) Where af tel' any sueh adjoumment the tribunal considers

that a resumed hearing is desirab1e or where a resumed hearing is re­

quested by the applieant or the responsible authority, not less than

seven days' notice thereof (or sueh shorter notice as all persons concemed

may agree) shall be given to the applicant, to the responsible authority

and to any other person who was notified of the hearing under the pro­

visions of rule 21 of these rules and who appeared at the previous hear­

ing.

PART VI

( l ) The decision of the majority of the members of the tri-

bunal shaH be the decision of the tribunal and, in the event of an equality

of votes, the chairman of the tribunal shall have a second or casting

vote.

(2) The decision of the tribunal shaH be signed by the chair­

man and shall be deposited with the Secretary of the tribunal.

(3) A copy of the decision of the tribunal shall be sent, within

seven days of its deposit, by the Secretary of the tribunal to the appli­

cant, the responsible authority, the patient (where he is not the appli­

cant) and to such other persons as the tribunal may direct, and the said

Secretary shall at the same time inform the applicant and the responsible

authority of their right to request reasons for the deeision in accordance

with paragraph (5) of this rule

Provided that where the tribunal considers that it would not be

desirable to communicate a copy of their decision to the patient (where

he is not the applicant), the decision shall be communieated to him in

such manner as the tribunal may think appropriate.

(4)

The reasons for the tribunal's deeision shall be signed by

the chairman.

(5) The applicant and the responsible authority may, within

twenty-one days after receiving a copy of the tribunal's decision, request

the tribunal to give its reasons, and the tribunal shall comply with any

such request exeept where it considers that it would be undesirable to

do so in the interests of the patient or for other special reasons.

(6) Subject to the provisions of this rule, the tribunal may,

where it thinks it proper to do so, prohibit the publication of the text or

a summary of the whole or part of lts decision or of its reasons, or direct

that the text 01' summary may be published only to such persons and on

such conditions as the tribunal may prescribe.

'

The time appointed by these ru1es for the doing ot any act Time.

may be extended by the chairman of the tribunal on such terms (if any)

as he may think fit and such extension may be granted although the

application for extension is not made until after the expiration of the

time appointed.

Any application, notice, subpoena or document required or Service of

authorised by these ru1es to be sent or given to any person may be sent

notices, etc.

by prepaid post or delivered --

(a) in the case it is directed to the tribunal, its chairman Of

its Secretary, to its office;

(b)

in any other case, to the last known address of the person

to whom lt is directed;

and if sent or given to the authorised representative of any pe1'son \t

shall be deemed to have been sent 01' given to that pe1'son.

The Maltese language shaH be the language of the t1'ibunal

and all proceedings shal1 be conducted in that language.