New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 41

Inquiry concerning detained person

41 Inquiry concerning detained person

(1) A Magistrate is required to hold an inquiry in respect of the person brought before the Magistrate under section 38.
(2) The Magistrate may appoint a person to assist the Magistrate in respect of the inquiry and a person so appointed may appear before the Magistrate during the holding of the inquiry.
(3) The medical superintendent who brings the person before the Magistrate is to make all such arrangements as may be necessary to ensure that all appropriate medical witnesses appear before the Magistrate and other relevant medical evidence concerning the person is placed before the Magistrate.
(4) An inquiry is to be open to the public unless the person brought before the Magistrate or any representative of the person objects and the Magistrate upholds the objection.
(5) A person brought before the Magistrate, being a person who is unable to communicate adequately in English but who is able to communicate adequately in another language, is entitled to be assisted, when appearing before the Magistrate, by a competent interpreter.



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