Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36A

Power of Board on appeal or review of hospital transfer orders

36A. Power of Board on appeal or review of hospital transfer orders



(1) This section applies on an appeal or review for a patient who is detained
in an approved mental health service under a hospital transfer order.

(2) If the Board considers that the continued detention of the patient as an
involuntary patient is unnecessary, the Board must order that the patient be
discharged from the hospital transfer order and be returned to a prison or
other place of confinement (within the meaning of section 16).

(3) If the Board considers that the continued detention of the patient as an
involuntary patient is necessary, the Board must confirm the hospital transfer
order.

(4) The Board must have regard to the criteria in section 16(2)(a) and (4) in
making a decision on the appeal or review.