Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36E

Power of Board on appeal or review-continued detention under section 12A(4) or 12C

36E. Power of Board on appeal or review-continued detention under section
12A(4) or 12C



(1) This section applies on an appeal or review for a patient whose detention
has been continued under section 12A(4) or 12C.

(2) If the Board is not satisfied that the continued detention of the patient
is necessary, the Board must order that the patient be discharged as an
involuntary patient.

(3) The Board must have regard to the criteria in section 12A(2) in making a
decision on the appeal or review.