MENTAL HEALTH ACT 2016 - SECT 741
Hearing not open to public
MENTAL HEALTH ACT 2016 - SECT 741
Hearing not open to public
741 Hearing not open to public
(1) A hearing of a proceeding must not be
open to the public unless the tribunal, by order, directs that the hearing or
part of the hearing be open to the public.
(2) However, the tribunal must not
make an order directing that a hearing be open to the public if the person the
subject of the hearing is a minor.
(3) Also, the tribunal may make an order
directing that a hearing or part of a hearing be open to the public only if
the tribunal is satisfied—
(a) the person the subject of the hearing, or a
lawyer or other representative of the person, has agreed to the order; and
(b) the order will not result in serious harm to the person’s health or risk
the safety of anyone else.
(4) A person (an
"observer" ) may attend a hearing that is not open to the public under this
section to observe the hearing if—
(a) the president gives approval for the
observer’s attendance at the hearing; and
(b) the person the subject of the
hearing has agreed to the observer’s attendance.
(5) However, the president
may not give approval for an observer’s attendance at the hearing if the
person the subject of the hearing is a minor.
