Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 24

Procedure of the Board

24. Procedure of the Board



(1) The Board-

   (a)  must, in hearing any matter, act according to equity and good
        conscience without regard to technicalities or legal forms; and

   (b)  is bound by the rules of natural justice; and

   (c)  is not required to conduct any proceedings in a formal manner.

(2) Schedule 2 has effect with respect to the procedure of the Board.

(3) The Board is not bound by rules or practice as to evidence but may inform
itself in relation to any matter in such manner as it thinks fit.

(4) Evidence before the Board-

   (a)  may be given orally or in writing or partly orally and partly in
        writing; and

   (b)  may be given-

   (i)  on oath or affirmation; or

   (ii) by declaration instead of an oath where permitted by law.

(5) A member of the Board may administer an oath or take an affirmation or
declaration for the purposes of this Act.

(6) Evidence given before the Board cannot be used in any civil or criminal
proceedings other than proceedings for an offence against this Act or for
perjury.

(7) The Board may of its own motion or on the application of any party to the
proceedings before it direct the executive officer to serve upon any person a
summons to appear before the Board to give evidence or to produce such
documents as are specified in the summons.

(8) The Board may make an order for the manner of service, including
substituted service, of a summons under subsection (7).

(9) A person who without lawful excuse disobeys a summons of the Board is
guilty of an offence.

Penalty: 5 penalty units.