Queensland Numbered Acts

HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 28 - SECT 15

Before chapter 11, part 6--

insert--

'(1) This section applies if, after starting to hear a proceeding, the member of the Mental Health Court hearing the proceeding dies or becomes incapable of continuing to hear the proceeding.

'(2) A party to the proceeding may, after giving 7 days' notice to the other party or parties, apply to the president of the court for an order directing the action to be taken in the proceeding.

'(3) The president of the court, on the application or his or her initiative, may after consulting with the parties to the proceeding--

(a) order the proceeding be reheard; or

(b) adjourn the proceeding to allow the incapacitated member of the court to continue when able; or

(c) with the consent of the parties, make an order the president of the court considers appropriate about--

(i) deciding the proceeding; or

(ii) completing the hearing and deciding the proceeding.

'(4) If, under subsection (3)(a), a proceeding is reheard, the first hearing is taken not to have happened.

'(5) An order mentioned in subsection (3)(c) is taken to be a decision of the Mental Health Court.'.