New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007 - REG 9

9 Appeal against refusal to discharge

(1) An involuntary patient may appeal under section 44 of the Act:

(a) by serving on the medical superintendent of the mental health facility a notice in the form set out in Form 4, or

(b) by declaring to the medical superintendent of the mental health facility a desire to appeal to the Tribunal.

(2) A person, other than a patient, who has a right to appeal under section 44 of the Act, may appeal:

(a) by lodging at the office of the Tribunal, or by serving on the Tribunal by post, a notice in the form set out in Form 5, or

(b) by serving such a notice on the medical superintendent of the mental health facility, or

(c) by declaring to the medical superintendent of the mental health facility, in the presence of the patient, that the patient wishes to appeal to the Tribunal.

(3) If an appeal is made under subclause (2) (a), the Registrar of the Tribunal must notify the medical superintendent accordingly.

(4) If an appeal is made under this clause, the Registrar of the Tribunal must call on the authorised medical officer to provide the report required by section 44 (3) of the Act.