Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 60

Procedure of Psychosurgery Review Board

60. Procedure of Psychosurgery Review Board



(1) The Psychosurgery Review Board-

   (a)  must, in hearing any matter, act according to equity and good
        conscience without regard to technicalities or legal forms; and

   (b)  is bound by the rules of natural justice; and

   (c)  is not required to conduct any proceedings in a formal manner.

(2) The Psychosurgery Review Board is not bound by rules or practice as to
evidence but may inform itself in relation to any matter in such manner as it
thinks fit.

(3) Evidence before the Psychosurgery Review Board-

   (a)  may be given orally or in writing or partly orally and partly in
        writing; and

   (b)  may be given-

   (i)  on oath or affirmation; or

   (ii) by declaration instead of an oath where permitted by law.

(4) A member of the Psychosurgery Review Board may administer an oath or take
an affirmation or declaration for the purposes of this Division.

(5) Evidence given before the Psychosurgery Review Board is not to be used in
any civil or criminal proceedings other than proceedings for an offence
against this Act or for perjury.

(6) The Psychosurgery Review Board may of its own motion or on the application
of any party to the application before it cause to be served upon any person a
summons to appear before the Psychosurgery Review Board to give evidence or to
produce such documents as are specified in the summons.

(7) The Psychosurgery Review Board may make an order for the manner of
service, including substituted service, of a summons under subsection (6).

(8) A person who without lawful excuse disobeys a summons of the Psychosurgery
Review Board is guilty of an offence.

Penalty: 5 penalty units.