Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 538

    (1)     The Mental Health Tribunal must conduct a hearing and determine whether the criteria set out in section 535(1)(b) currently apply to the security patient who is subject to a secure treatment order—

        (a)     within 28 days beginning on and including the day that the security patient is received at the designated mental health service; and

        (b)     at least every 6 months following the initial review of the order under paragraph (a) until the person ceases to be a security patient; and

        (c)     on an application made under section 537 by the security patient or by a person on the patient's behalf.

    (2)     If the Mental Health Tribunal is satisfied that the criteria set out in section 535(1)(b) currently apply to the security patient, the Tribunal must order that the person remain a security patient.

    (3)     If the Mental Health Tribunal is not satisfied that the criteria set out in section 535(1)(b) currently apply to the security patient, the Tribunal must order that the person be discharged as a security patient.