New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 97

97 Appeals against decisions of Secretary

(1) A forensic patient or a correctional patient may appeal to the Tribunal against a failure or refusal by the Secretary to grant the patient leave of absence under this Part.

(2) An appeal may be made orally or in writing and is to be made in accordance with the regulations.

(3) An oral appeal is to be recorded in accordance with the regulations.

(4) The Secretary must provide the Tribunal with a report about the patient, including the Secretary's reasons for refusing or failing to grant leave of absence.

(5) For the purpose of determining an appeal, the Tribunal has and may exercise the functions of the Secretary with respect to the granting of leave and may make an order accordingly.

(6) In addition, the Tribunal may determine that no further right of appeal may be exercised under this section before the date on which the person is next reviewed by the Tribunal under this Act, if it thinks it appropriate to do so.