MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - SECT 77A Appeals against Tribunal decisions

This legislation has been repealed.

MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990 - SECT 77A

77A Appeals against Tribunal decisions

(1) A forensic patient or correctional patient who is a party to a proceeding before the Tribunal under this Act may appeal to the Supreme Court from any determination of the Tribunal in that proceeding, by leave of the Supreme Court:

(a) on a question of law, or

(b) on any other question,

other than a determination referred to in subsection (4).

(2) The Minister for Health may appeal to the Supreme Court from any determination of the Tribunal in a proceeding before the Tribunal under this Act, as of right:

(a) on a question of law, or

(b) on any other question,

other than a determination referred to in subsection (5).

(3) A victim of a forensic patient who is a party to proceedings under section 76 may appeal to the Supreme Court from any determination of the Tribunal under that section in that proceeding, by leave of the Supreme Court:

(a) on a question of law, or

(b) on any other question.

(4) A person may appeal to the Court of Appeal from a determination of the Tribunal under this Act as to the release of the person, by leave of the Court of Appeal:

(a) on a question of law, or

(b) on any other question.

(5) The Minister for Health may appeal to the Court of Appeal from a determination of the Tribunal under this Act as to the release of a person, as of right:

(a) on a question of law, or

(b) on any other question.

(6) The Attorney General may appeal to the Court of Appeal from a determination of the Tribunal under this Act as to the release of a person, as of right, on a question of law.

(7) An appeal under this section must be made not later than 28 days:

(a) after the determination of proceedings by the Tribunal, or

(b) in the case of an appeal by the Minister for Health or the Attorney General, of written notification to the Minister or Attorney General by the Tribunal of the reasons for an order determining proceedings,

unless the Court extends the period within which the appeal may be made.

(8) An appeal under this section is to be made subject to and in accordance with the rules of the Court.

(9) After deciding the question the subject of an appeal under this section, the Court may, unless it affirms the determination of the Tribunal on the question:

(a) make such order in relation to the proceedings in which the question arose as, in its opinion, should have been made by the Tribunal, or

(b) remit its decision on the question to the Tribunal and order a rehearing of the proceedings by the Tribunal.

(10) If such a rehearing is held, the Tribunal is not to proceed in a manner, or make an order or a decision, that is inconsistent with the decision of the Court remitted to the Tribunal.

(11) If a party has appealed under this section to the Court against a determination of the Tribunal, either the Tribunal or the Court may suspend, until the appeal is determined, the operation of any order or determination made in respect of the proceedings.

(12) If the Tribunal suspends the operation of an order or a determination, the Tribunal or the Court may terminate the suspension or, where the Court has suspended the operation of an order or a determination, the Court may terminate the suspension.

(13) If a rehearing is held, fresh evidence, or evidence in addition to or in substitution for the evidence on which the original determination was made, may be given on the rehearing.

(14) A reference in this section to a matter of law includes a reference to a matter relating to the jurisdiction of the Tribunal.

(15) The Tribunal or any member of the Tribunal is not liable for any costs relating to a determination of the Tribunal, or the failure or refusal of the Tribunal to make a determination, in respect of which an appeal is made under this Act, or of the appeal.