Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 294

Application to Tribunal for review of direction to take security patient to another designated mental health service

    (1)     A security patient who is subject to a direction made under section 291 or 292 to be taken to another designated mental health service may apply within 20 business days after the direction is made to the Tribunal for a review of the direction.

    (2)     The following persons may apply to the Tribunal for a review of the direction made under section 291 or 292 on behalf of a security patient referred to in subsection (1) within 20 days after the direction is made—

        (a)     any person, at the request of the security patient;

        (b)     a guardian of the security patient;

        (c)     a parent of the security patient, if the security patient is under the age of 16 years;

        (d)     the Secretary to the Department of Human Services, if the security patient is the subject of a custody to Secretary order or a guardianship to Secretary order.

    (3)     As soon as practicable after an application is made, the Tribunal must hear and determine the application.

    (4)     On hearing an application under this section, the Tribunal must, to the extent that is reasonable in the circumstances, have regard to the matters referred to in section 291(2).

    (5)     The Tribunal must—

        (a)     refuse to grant the application if the Tribunal is satisfied that taking the security patient to another designated mental health service is necessary for the patient's treatment; or

        (b)     grant the application if the Tribunal is not satisfied that taking the security patient to another designated mental health service is necessary for the patient's treatment.

    (6)     If the Tribunal grants the application and the security patient has been taken to another designated mental health service, the Tribunal must direct that the security patient be returned to the original designated mental health service.

    (7)     If the Tribunal refuses to grant the application, the security patient must be taken to the receiving designated mental health service as directed by the authorised psychiatrist or the chief psychiatrist.



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