MENTAL HEALTH ACT 1983 (REPEALED) - SECT 43 43. (1) Subject to this section, a court which has made a treatment order in respect of a person may, on application made under this section, vary that order, other than by extending the period specified in the order for the purposes of paragraph 35 (2) (a), or discharge the order.

Australian Capital Territory Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1983 (REPEALED) - SECT 43

43. (1) Subject to this section, a court which has made a treatment order in respect of a person may, on application made under this section, vary that order, other than by extending the period specified in the order for the purposes of paragraph 35 (2) (a), or discharge the order.

(2) Subject to subsection (3), an application for variation or discharge of a treatment order may be made by the person to whom the treatment order relates, by the prescribed representative of that person or by a medical practitioner.

(3) An application for variation of a treatment order shall be made jointly by a medical practitioner and a Mental Health Officer if the variation sought includes the substitution for a direction referred to in paragraph 35 (1) (b) of a direction referred to in paragraph 35 (1) (a).

(4) Where an application is made under subsection (3), the court shall not vary the treatment order unless the application is supported by the evidence of a medical practitioner who is not an applicant.

Appeal from Magistrates Court

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