Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 389

389 .         Review period may be extended

        (1)         In this section —

        maximum extension period means —

            (a)         if, on the day on which the relevant decision is made, the involuntary patient is an adult — the period of 21 days; or

            (b)         if, on the day on which the relevant decision is made, the involuntary patient is a child — the period of 7 days;

        prescribed period means —

            (a)         if, on the day on which the relevant decision is made, the involuntary patient is an adult — the period of 28 days; or

            (b)         if, on the day on which the relevant decision is made, the involuntary patient is a child — the period of 7 days;

        relevant decision , in relation to the review of an involuntary treatment order under section 386(2) or 387(2), means a decision of the Tribunal the making of which involves a consideration of substantially the same issues as would be raised in the review;

        review period , for an involuntary treatment order, means —

            (a)         the initial review period under section 386(1) for the involuntary treatment order; or

            (b)         a periodic review period under section 387(1) for the involuntary treatment order.

        (2)         If the Tribunal makes a relevant decision within the prescribed period before the day on which a review period for an involuntary treatment order ends, the Tribunal may make an order extending the review period from the day on which it would otherwise have ended for the further period (not exceeding the maximum extension period) specified in the order.



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