New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 284

Power of the Court on appeals

284 Power of the Court on appeals

(1) In addition to any other functions and discretions that the Court has apart from this section, the Court has, for the purposes of hearing and disposing of an appeal, all the functions and discretions which the Tribunal had in respect of the matter the subject of the appeal.
(2) An appeal is to be by way of a new hearing and new evidence or evidence in addition to, or in substitution for, the evidence given in relation to the determination of the Tribunal, or the failure or refusal of the Tribunal to make a determination, in respect of which the appeal is made may be given on the appeal.
(3) In making its decision in respect of an appeal, the Court is to have regard to the provisions of this Act and such other matters as it considers to be relevant.
(4) The decision of the Court on an appeal is, for the purposes of this or any other Act or instrument, to be taken to be, where appropriate, the final determination of the Tribunal and is to be given effect to accordingly.
(5) The Tribunal or any member of the Tribunal is not liable for any costs relating to the determination of the Tribunal, or the failure or refusal of the Tribunal to make a determination, in respect of which the appeal is made, or the appeal.



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