MENTAL HEALTH ACT 2007 - SECT 63 Review of detained affected persons by Tribunal

MENTAL HEALTH ACT 2007 - SECT 63

63 Review of detained affected persons by Tribunal

(cf 1990 Act, s 143A)

(1) An authorised medical officer must cause a person detained in a declared mental health facility under this Division to be brought before the Tribunal not later than 3 months after the person is detained, and at least every 3 months while the person is detained.

(2) The authorised medical officer must ensure that, as far as practicable, a person brought before the Tribunal is dressed in street clothes.

(2A) The Tribunal may review the case of the affected person in the absence of the affected person if--

(a) the authorised medical officer applies to have the review carried out in the absence of the affected person because the affected person has refused to attend the review or because the officer is of the opinion that the affected person is too unwell to attend the review, and

(b) the Tribunal is satisfied that the affected person has refused to attend or is too unwell to attend and is unlikely to be well enough to attend within a reasonable period, and

(c) the Tribunal is satisfied that any
"representative" of the affected person (being an Australian legal practitioner, or other person approved by the Tribunal, who is representing the affected person for the purposes of the review) has been notified of the review, and

Note : Section 154 contains provisions relating to the right to representation.

(d) the Tribunal has considered the views (if known) of each of the following--

(i) the affected person,

(ii) any representative of the affected person,

(iii) the designated carer of the affected person,

(iv) the principal care provider of the affected person, and

(e) The Tribunal is of the opinion that carrying out the review in the absence of the affected person is desirable for the safety or welfare of the affected person.

(3) This section does not apply if the affected person's community treatment order will end less than 3 months after the person is detained under this Division.