Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 59

Hearing of application

59. Hearing of application



(1) The chairperson of the Psychosurgery Review Board must within 10 days of
an application under section 58 being received arrange a meeting of the
Psychosurgery Review Board to hear the application within a further 21 days.

(2) The chairperson of the Psychosurgery Review Board must at least 10 days
before the day on which an application is to be heard cause notice of the
hearing to be given to-

   (a)  the applicant; and

   (b)  the person in respect of whom the application is made; and

   (c)  any person nominated as advocate by the person in respect of whom the
        application is made; and

   (d)  the primary carer.





(3) A notice under subsection (2) is to contain information with respect to-

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

   (b)  the nature of the proceedings; and

   (c)  in the case of a notice given under subsection (2)(b), the entitlement
        of that person to representation before the Psychosurgery Review
        Board.

(4) A person to whom notice of the hearing is given under subsection (2) is
entitled to attend and be heard in person at the hearing.

(5) The person in respect of whom an application is made may also be
represented before the Psychosurgery Review Board by-

   (a)  an Australian legal practitioner (within the meaning of the
        Legal Profession Act 2004); or



   (b)  any other person authorized to that effect by that person.