South Australian Current Acts

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MENTAL HEALTH ACT 2009 - SECT 84

84—Representation on reviews or appeals

        (1)         In every review or appeal, or application for permission for review or appeal, under this Part (other than a review under section 79), the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section.

        (2)         If a person chooses to be represented by counsel pursuant to this section, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this section, being a legal practitioner

            (a)         chosen by the person himself or herself; or

            (b)         in default of the person making a choice, chosen by such person or authority as the scheme contemplates.

        (3)         A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person pursuant to this section is entitled to receive fees for his or her services from the Minister, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services.

        (4)         Nothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally, by the Public Advocate or by a representative pursuant to any other provision of this Act.



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