Decision-making is now more open and accountable. The role of the assisting psychiatrists is now specified and limited to matters within their expertise. Their advice can now be provided to the parties. Note that the assisting psychiatrists do not examine the person, but analyse and clarify the meaning of the clinical evidence. In the hearing, the advice must now be audible to the parties.
Hearings are open to the public.
The Mental Health Court has the power to order its own independent examinations of the accused and can order that the person be detained to submit to the examination. The Mental Health Act 2000 requires all parties to receive a copy of the report. The resolution of the matter is therefore not reliant upon the possible bias of experts engaged by the defence. If a person is found of unsound mind, or unfit for trial they can be detained in a authorised mental health service for involuntary treatment. Click here for specific provisions in the Mental Health Act 2000 that improve the system for victims of crime where the offender has a mental illness.