MENTAL HEALTH ACT 2016 - SECT 608 Internal review decision

MENTAL HEALTH ACT 2016 - SECT 608

608 Internal review decision

(1) The chief executive must, within 28 days after receiving an application for review of a decision—

(a) review the decision (the
"original decision" ); and

(b) make a decision (the
"internal review decision" ) to—

(i) confirm the original decision; or

(ii) amend the original decision; or

(iii) substitute another decision for the original decision; and

(c) give the applicant written notice (the
"review notice" ) of the internal review decision.

(2) If the internal review decision is not the decision sought by the applicant, the review notice must state the following—

(a) the day the notice is given to the applicant (the
"review notice day" );

(b) the reasons for the decision;

(c) that the applicant may appeal against the decision to the court within 28 days after the review notice day;

(d) how to appeal;

(e) that the applicant may apply to the court for a stay of the decision.

(3) If the chief executive does not give the review notice within the 28 days, the chief executive is taken to have made an internal review decision confirming the original decision.