Mental Health Court — when to use it
Most states have a mental health list, diversion program or equivalent (e.g. section 14 in NSW, the Mental Health Court in QLD, the Assessment and Referral Court list in VIC). These pathways recognise that a mental illness, cognitive impairment or major developmental disorder may have contributed to offending, and focus on treatment rather than punishment.
It may be appropriate when
- There is a diagnosed (or clearly diagnosable) mental illness, cognitive impairment, or serious behavioural disorder.
- There is a connection between that condition and the alleged offending.
- A treatment plan is realistic — you have (or can get) a clinician, GP, psychologist or case manager willing to support it.
- The charge is one the court has power to divert (summary or, in some states, indictable-triable-summarily).
How I help
- Explain the pathway in your state in plain language.
- Help you gather the supporting material — GP letters, treatment history, care plans, NDIS documents.
- Refer you to a lawyer experienced in mental health lists (Legal Aid can often assist).
- Attend as a support person and liaise with clinicians and case managers.
Urgent mental health support: Lifeline 13 11 14 · Beyond Blue 1300 22 4636 · Suicide Call Back 1300 659 467.