New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 34

34 Mental health inquiries to be held

(1) The Tribunal must hold an inquiry about an assessable person under step 4 in section 27 (d).

Note : Section 27 sets out the events that result in a mental health inquiry. Notice of the inquiry is to be given to the person concerned, and all reasonably practicable steps are to be taken to notify designated carers and the principal care provider in accordance with section 76.

(2) An authorised medical officer of the mental health facility in which an assessable person is detained--

(a) must ensure that, as far as practicable, the person is brought before the Tribunal dressed in street clothes, and

(b) must make all necessary arrangements to ensure that all appropriate medical witnesses appear before the Tribunal and other relevant medical evidence concerning the person is placed before the Tribunal at or before the inquiry, and

(c) as soon as practicable after notifying the Tribunal under section 27 (d), and at or before the inquiry, must provide the Tribunal with all relevant medical reports of the examinations in step 1 or step 2, as referred to in section 27 (d), and any additional information required by the Tribunal for the purposes of the inquiry.

An assessable person, or any other person, may, with the approval of the Tribunal and subject to the regulations (if any), be brought or appear before the Tribunal by way of audio visual link.
Any designated carer or the principal care provider of an assessable person may, with the approval of the Tribunal, appear at an inquiry.

Note : The Tribunal must be constituted by at least one member who is the President or a Deputy President for the purposes of a mental health inquiry (see section 150 (2A)). Other provisions relating to the Tribunal's procedures generally, that apply to mental health inquiries and other proceedings, are set out in Part 2 of Chapter 6.