Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 195

Determination of proceedings

    (1)     Questions (other than questions of law) arising for determination by the Tribunal are to be decided by a majority of the members constituting the Tribunal in that proceeding.

    (2)     The member of the Tribunal who is nominated by the Tribunal in that proceeding must give oral reasons for making a determination at the conclusion of the hearing for that proceeding that include—

        (a)     an explanation of the determination; and

        (b)     an explanation of any order made by the Tribunal under this Act.

    (3)     An order made under this Part during a proceeding of the Tribunal must—

        (a)     be in writing; and

        (b)     state that each party to the proceeding may—

              (i)     request a statement of reasons for the determination under section 198 ; and

              (ii)     apply to VCAT for review of the determination under section 201; and

        (c)     be signed by the presiding member of the Tribunal for the purposes of that proceeding; and

        (d)     be sealed with the official seal of the Tribunal.

    (4)     The Tribunal must, as soon as practicable after it makes an order under this Part, take reasonable steps to give a copy of the order to the persons to whom notice was given under section 189(1).



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