New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 62

Review of continued treatment patients by the Tribunal

62 Review of continued treatment patients by the Tribunal

(1) The Tribunal must review, at least once every 6 months, the case of each continued treatment patient in order to determine whether the patient is a mentally ill person who should continue to be detained.
(2) If the Tribunal determines that the patient 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 patient, the patient must, subject to this Part, continue to be detained in a hospital for further observation or treatment, or both, as a continued treatment patient.
(3) If the Tribunal does not determine that the patient 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 patient, the patient must be discharged from the hospital in which the patient is detained.
(4) If the Tribunal does not determine that a patient is a mentally ill person or forms an opinion referred to in subsection (3), the Tribunal may also defer the discharge of the patient for a period not exceeding 14 days.
(5) The Tribunal may, as a consequence of reviewing the case of a patient to whom subsection (2) applies, if it is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient from causing harm to himself or herself or others, order that the patient be allowed to be absent from a hospital for such period and subject to such conditions, if any, as it thinks fit and such an order has effect according to its tenor.



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