MENTAL HEALTH ACT 1993 - SECT 26

This legislation has been repealed.

MENTAL HEALTH ACT 1993 - SECT 26

26—Appeals against initial detention

        (1)         Any of the following persons who is dissatisfied with an order for the detention of a person pursuant to section 12 may appeal to the Board against the order:

            (a)         the patient;

            (b)         the Public Advocate, acting on his or her own initiative, or at the request and on behalf of the patient;

            (ba)         a guardian, relative or medical agent of the patient;

            (c)         any other person who satisfies the Board that he or she has a proper interest in the matter.

        (2)         An appeal under this section may be instituted at any time during the currency of the order the subject of the appeal.

        (3)         The Board may, on hearing an appeal under this section—

            (a)         dismiss the appeal;

            (b)         affirm, vary or quash the order appealed against.