Victorian Numbered Acts Victorian Numbered Acts(1) Within 20 business days after an Order is varied under section 65, the person who is subject to that Order may apply to the Tribunal for a review of the decision to vary the Order or to direct the variation of the Order.
(2) The following persons may apply to the Tribunal for a review of the decision to vary the Order or direct a variation of the Order on behalf of a person referred to in subsection (1) within 20 business days after the Order is varied—
(a) any person, at the request of the person subject to the Order;
(b) a guardian of the person;
(c) a parent of the person, if the person is under the age of 16 years;
(d) the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order.
(3) On hearing an application under subsection (1) or (2), the Tribunal must, to the extent that is reasonable in the circumstances, have regard to the matters referred to in section 65(4).
(4) The Tribunal must—
(a) grant the application and direct that the person subject to the varied Order be assessed or treated at the original designated mental health service and, if the person has been taken to another designated mental health service, direct that the person be returned to the original designated mental health service; or
(b) refuse to grant the application and direct that the person remain subject to the Order as varied.