South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 83A

83A—Reviews and appeals

The following provisions operate in connection with the application of Part 5 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to this Act:

            (a)         a decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal may not be the subject of an application for internal review;

            (b)         subject to paragraph (a), an application for internal review may be made by—

                  (i)         the applicant in proceedings before the Tribunal in the exercise of its original jurisdiction (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013 ) for the purposes of this Act; or

                  (ii)         a person to whom the proceedings relate (if not the applicant under paragraph (a)); or

                  (iii)         the Public Advocate; or

                  (iv)         any person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings; or

                  (v)         any other person who satisfies the Tribunal that he or she has a proper interest in the matter;

            (c)         the person to whom an application for internal review relates (if he or she is not the applicant) will be a party to those proceedings;

            (d)         the Tribunal must hear and determine an internal review as expeditiously as is reasonably practicable and must give priority to hearing and determining internal reviews of decisions relating to an application relating to the detention of any person;

            (e)         the constitution of the Tribunal must be consistent with the following requirements for an internal review in the following cases:

                  (i)         in the case of an internal review that relates to an order of the Tribunal under section 16 or 29—the Tribunal must not be constituted by a medical practitioner sitting alone;

                  (ii)         in the case of an internal review that relates to a review under section 81—the Tribunal must be constituted by 3 members;

            (f)         the Tribunal may make an order for costs against a party to proceedings for internal review, but only if the Tribunal is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay;

            (g)         subject to paragraph (h), an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 must be instituted within 14 days—

                  (i)         after the making of the decision to which the appeal relates; or

                  (ii)         after being furnished with the reasons for that decision,

whichever is the later (but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired));

            (h)         the following decisions of the Tribunal are not appealable to the Supreme Court:

                  (i)         a decision not to authorise publication of a report of proceedings before the Tribunal;

                  (ii)         a decision made by the Tribunal in the exercise of its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 ;

                  (i)         no order for costs may be made against an applicant in an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 if he or she is the person to whom the decision appealed against relates.



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