Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 32

Notice of appeal or review

32. Notice of appeal or review



(1) The executive officer must at least 7 days before the day on which the
appeal or review is to be held cause notice of the hearing to be given to-

   (a)  the involuntary patient or security patient; and

   (b)  in the case of an appeal by a person other than the involuntary
        patient or security patient, the person making the appeal; and

   (c)  the authorized psychiatrist; and

   (d)  if the involuntary patient or security patient is a prisoner, the
        Secretary to the Department of Justice; and



   (e)  any other person having regard to the wishes of the involuntary
        patient or security patient that the Board directs be given notice.

(1A) The authorised psychiatrist must give a copy of the notice to the
patient's case manager as soon as practicable after receiving the notice.

(2) A notice of the hearing must contain information with respect to-

   (a)  the time and place of the hearing; and

   (b)  the nature of the proceedings; and

   (c)  the legal status under this Act of the person to whom the hearing
        relates; and



   (d)  in the case of a notice given under subsection (1)(a), (1)(b) or
        (1)(d) the right to be represented before the Board.

(3) Where the Board considers it appropriate to do so, the Board may-

   (a)  reduce the time limit specified in subsection (1); or

   (b)  dispense with the requirement that notice in writing be given to one
        or more of the persons specified in subsection (1).

(4) In the case of a review under section 30(2), in addition to the
requirements of subsection (1), the executive officer must cause a notice of
the review which complies with subsection (2) to be given to the Public
Advocate at least 7 days before the day on which the review is to be held.