New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 143A

143A Review by Tribunal of detained persons

(1) A person detained in a hospital under section 143 (1) (a) must be brought before the Tribunal not later than 3 months after the person was detained. The Tribunal must determine whether the person is a mentally ill person.

(2) In the course of making its determination, the Tribunal must:

(a) inquire as to the administration of any medication to the person, and

(b) take account of the effect of the administration of the medication on the person's ability to communicate, and

(c) consider such other information as may be placed before it.

(3) If the Tribunal determines that the person is a mentally ill person and is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the person, the Tribunal must determine whether the person should be detained in the hospital until the expiration of the community treatment order.

(4) If the Tribunal does not determine that the person is a mentally ill person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the person, the person must be released from the hospital. However, the Tribunal may also defer the release of the person for up to 14 days.

(5) Release from the hospital does not affect the continuity of the community treatment order.

(6) This section does not apply if the community treatment order expires less than 3 months after the person is detained in hospital.