Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 26

Appearance and representation at any hearing of the Board

26. Appearance and representation at any hearing of the Board



(1) At any hearing of the Board the patient in respect of whom the hearing is
conducted has unless subsection (6) applies the right to appear before the
Board in person.

(2) If a patient decides not to appear before the Board the Board must satisfy
itself that the patient has made the decision of his or her own free will.

(3) The patient may be represented before the Board by any person authorized
to that effect by the patient.

(4) At any hearing of the Board-

   (a)  any person other than the patient who is given notice of the hearing
        may appear before the Board in person and be heard or, where that
        person is unable to be present at the hearing and the Board so allows,
        may be represented before the Board by any person authorized to that
        effect by the first-mentioned person; and

   (b)  any other person who wishes to be heard and whom the Board agrees to
        hear may appear before the Board in person and be heard.

(5) Where in any proceedings the patient is not represented before the Board,
the Board may appoint a person to represent the patient in those proceedings.

(6) If the Board is satisfied that the appearance of the patient before the
Board would be detrimental to the patient's health, the Board may order that
the patient not appear at the hearing in person.

(7) Unless the Board makes an order under subsection (8), the patient or a
person representing the patient is entitled to inspect or otherwise have
access to any documents to be given to the Board in connection with the
hearing at least 24 hours before the commencement of the hearing.

(8) On an application made by or on behalf of the authorised psychiatrist, the
Board may order that the patient is not entitled personally to inspect or
otherwise have access to all of the documents referred to in subsection (7),
or to any specified document or part of a document included in those
documents, if the Board is satisfied that such inspection or access by the
patient would-

   (a)  cause serious harm to the patient's health or the health or safety of
        another person; or

   (b)  involve the unreasonable disclosure of information relating to the
        personal affairs of any person; or

   (c)  breach a confidentiality provision imposed by a person who supplied
        information that is contained in the documents or document.

(9) The Board may permit a person representing the patient before the Board to
inspect or otherwise have access to any document to which an order made under
subsection (8) applies.