Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12B

Determination of application

12B. Determination of application



(1) The Secretary must convene a meeting of a committee constituted by the
chief psychiatrist and two other qualified psychiatrists to determine an
application made under section 12A.

(2) An authorised psychiatrist who makes an application must not be a member
of the committee that determines the application.

(3) Each member of the committee must personally examine the person about whom
the application was made.





(4) If, after considering the application and examining the person, the
committee-

   (a)  is satisfied as to the matters specified in paragraphs (a), (b), (c)
        and (d) of section 12A(2), it may give its consent to the continued
        detention and treatment of the person for a period not exceeding 3
        months specified by it; or

   (b)  is not satisfied as to those matters, it must refuse to give its
        consent.

(5) The members of the committee may determine an application by majority
decision.

(6) Subject to this Act, the procedure of the committee is at its discretion.