2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
MENTAL HEALTH AND RELATED SERVICES AMENDMENT BILL 2013
SERIAL NO. 46

EXPLANATORY STATEMENT

GENERAL OUTLINE
This Bill provides for a small amendment to the Mental Health and Related Services Act to clarify that the rules of evidence do not apply to proceedings of the Mental Health Review Tribunal.
Until recently, it was generally accepted that the procedures of the Tribunal were to be as informal as practicable and that the rules of evidence do not apply to proceedings before it
Recent comments made by Justice Kelly of the Supreme Court have cast doubt on that assumption.
The ability to exclude of the rules of evidence in proceedings before the Mental Health Review Tribunal is consistent with its role and its aim of ensuring therapeutic justice
NOTES ON CLAUSES
Clause 1.	Short title
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Mental Health and Related Services Amendment Act 2013.
Clause 2.	Act amended
This is a formal clause that provides that the Act being amended by the Bill is the Mental Health and Related Services Act. 
Clause 3.	Section 133 amended
Clause 3 inserts new sub-section (3) into section 133 entitled “Evidence”.  This clause clarifies that the Mental Health Review Tribunal is not required to comply with the rules of evidence.  
The Tribunal may inform itself of any relevant matter in any way it considers appropriate.
The exclusion of the rules of evidence does not operate to exclude the common law presumption of procedural fairness (or natural justice).  The Tribunal will still be bound to observe procedural fairness in its proceedings.  
Clause 4.	Expiry of Act
Clause 4 provides that the Mental Health and Related Services Amendment Act 2013, once commenced, will expire the day after that commencement.