Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 29

Appeals

29. Appeals



(1) An appeal may be made to the Board at any time-

   (a)  by an involuntary patient-

   (i)  against his or her involuntary treatment order, community treatment
        order, restricted involuntary treatment order, restricted community
        treatment order, assessment order, diagnosis, assessment and treatment
        order or hospital transfer order; or

   (ii) against his or her continued detention under section 12A(4) or 12C;

   (b)  by a security patient against his or her hospital security order or
        restricted hospital transfer order.

(1A) An appeal to the Board may also be made at any time on behalf of an
involuntary patient or security patient by a community visitor or any other
person who satisfies the Board of a genuine concern for the involuntary
patient or security patient.

(2) An involuntary patient or security patient may initiate the appeal by
writing to-

   (a)  the executive officer; or

   (b)  the chief psychiatrist; or

   (c)  an authorized psychiatrist; or

   (d)  a community visitor; or

   (e)  the Ombudsman; or

   (f)  the Health Services Commissioner.





(3) If the chief psychiatrist, an authorized psychiatrist, a community
visitor, the Ombudsman or the Health Services Commissioner receives an
application for an appeal he or she must immediately forward it to the
executive officer.

(4) The Board must commence the hearing of an appeal without delay.