New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 43

Representation and appearances at inquiries

43 Representation and appearances at inquiries

(1) At an inquiry:
(a) the person brought before the Magistrate is, unless the person decides that he or she does not want to be represented, to be represented by an Australian legal practitioner or, with the leave of the Magistrate, by another person of his or her choice, and
(b) any other person appearing before the Magistrate may, with the leave of the Magistrate, be represented by an Australian legal practitioner.
(2) A person who is the nearest relative, if there is one, the guardian or a personal friend of, or a relative nominated by, the person brought before the Magistrate may, with the leave of the Magistrate, appear at an inquiry.
(3) A Magistrate may not grant leave under subsection (2) unless it would, in the opinion of the Magistrate, be in the best interests of the person brought before the Magistrate to do so.



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