Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36BA

Power of Board on appeal or review of assessment orders or diagnosis, assessment and treatment orders

36BA. Power of Board on appeal or review of assessment orders or diagnosis,
assessment and treatment orders



(1) This section applies on an appeal or review for a patient who is detained
in an approved mental health service under an assessment order or a diagnosis,
assessment and treatment 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 order.

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

(4) The Board must have regard to the criteria in section 90(1)(b) or 91(1)(b)
of the Sentencing Act 1991 (as the case requires) in making a decision on the
appeal or review.