Procedural justice in policy: assessing policy guidance for community treatment order decision-making in New South Wales

This article examines the decision-making guidance for mental health professionals in New South Wales (NSW) regarding Community Treatment Orders (CTOs) and evaluates its alignment with procedural justice principles. Four documents were reviewed: the NSW Mental Health Act 2007 (NSW) Guidebook, and three Mental Health Review Tribunal guidelines. Procedural justice was chosen for its potential to counterweigh coercion and emphasise interpersonal decision-making. The texts were analysed using qualitative content analysis and findings are presented under the procedural justice elements (respect, voice, neutrality, and trustworthiness). The analysis identified an absence of a comprehensive public policy governing CTOs in NSW. Existing guidance conveys support for therapeutic relationships and recovery-oriented practice, but leaves considerable discretion to mental health professionals, the Tribunal, and legal representatives. The guidance appears to prioritise risk management over upholding procedural justice. Findings highlight the need for a robust CTO policy framework that constructively guides professional discretion, integrates lived experience, and embeds procedural justice.