New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 37

37 Reviews of involuntary patients by Tribunal

(1) The Tribunal must review the case of each involuntary patient as follows--

(a) at the end of the patient's initial period of detention as a result of a mental health inquiry,

(b) at least once every 3 months for the first 12 months the person is an involuntary patient,

(c) at least once every 6 months while the person is an involuntary patient after the first 12 months of detention.

(1A) The Tribunal may review the case of an involuntary patient at such other times as it sees fit.

(2) An authorised medical officer must cause an involuntary patient to be brought before the Tribunal--

(a) as soon as practicable before the end of the initial period of detention, if it appears to the officer that the person should continue to be detained, and

(b) at such other times as may be required by the Tribunal for the purposes of any review under this section.

(3) The authorised medical officer must ensure that, as far as practicable, a person brought before the Tribunal is dressed in street clothes.

(3A) The Tribunal may review the case of an involuntary patient in the absence of the patient if--

(a) the authorised medical officer applies to have the review carried out in the absence of the patient because the patient has refused to attend the review or because the officer is of the opinion that the patient is too unwell to attend the review, and

(b) the Tribunal is satisfied that the patient has refused to attend or is too unwell to attend and is unlikely to be well enough to attend within a reasonable period, and

(c) the Tribunal is satisfied that any
"representative" of the patient (being an Australian legal practitioner, or other person approved by the Tribunal, who is representing the patient for the purposes of the review) has been notified of the review, and

Note : Section 154 contains provisions relating to the right to representation.

(d) the Tribunal has considered the views (if known) of each of the following--

(i) the patient,

(ii) any representative of the patient,

(iii) the designated carer of the patient,

(iv) the principal care provider of the patient, and

(e) the Tribunal is of the opinion that carrying out the review in the absence of the patient is desirable for the safety or welfare of the patient.

(4) Despite subsection (1) (c), the Tribunal may review the case of an involuntary patient at intervals of up to 12 months if it is of the opinion that it is appropriate to do so.