Duty service in hospitals

Doctors can keep you in hospital, even if you want to leave, if they believe:

• you are mentally ill and 
• you need to stay in hospital to get appropriate care and treatment. 

If the doctors want to keep you in hospital because of your mental health, you must be taken to the Mental Health Review Tribunal.  This is called a Mental Health Inquiry and it will usually be within 14 days of when you were detained in the hospital. 

The Tribunal will decide whether or not you need to stay in hospital. If the Tribunal decides you need to stay in hospital, you are an involuntary patient.

You don’t need to arrange for Legal Aid to represent you at a Mental Health Inquiry. Legal Aid represents everyone at a Mental Health Inquiry, unless you tell us you don’t want us to.

Your lawyer will usually contact you the day before your Tribunal appearance. If your appearance is in the afternoon, your lawyer might contact you that morning.

For other types of Tribunal proceedings, you may need to apply for Legal Aid if you want us to represent you. 

The Mental Health Advocacy Service is Legal Aid NSW’s specialist service, who can provide free legal information, advice and assistance about mental health law.