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MENTAL HEALTH ACT 1990 - SECT 57 Determination by the Tribunal

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 57

Determination by the Tribunal

57 Determination by the Tribunal

(1) If a temporary patient is brought before the Tribunal under section 56, the Tribunal must determine whether the patient is a mentally ill person.
(2) In the course of making its determination, the Tribunal must inquire as to the administration of any medication to the temporary patient and is to take account of the effect of the administration of the medication on the patient's ability to communicate and must consider such other information as may be placed before it.
(3) If the Tribunal determines that the patient is a mentally ill person and is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the patient, the Tribunal must determine whether the patient should be:
(a) classified as a continued treatment patient and detained in a hospital for further observation or treatment, or both, or
(b) detained in a hospital for further observation or treatment, or both, as a temporary patient for such period (not exceeding 3 months) as the Tribunal specifies in its determination.
(4) If the Tribunal does not determine that the patient is a mentally ill person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the patient, the patient must be discharged from the hospital in which the patient is detained.
(5) If the Tribunal does not determine that a patient is a mentally ill person or forms an opinion referred to in subsection (4), the Tribunal may also defer the discharge of the patient for a period not exceeding 14 days.
(6) A determination made by the Tribunal is to be in the prescribed form and has effect according to its tenor.