New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 70

70 Determination of appeal

(1) The Tribunal, in determining an appeal made under section 69, has and may exercise the functions of the medical superintendent with respect to the application that has given rise to the appeal and may make an order accordingly.

(2) In addition to determining the appeal, the Tribunal may, having regard to:

(a) the length of time between the date of the last determination under this Act that the patient was a mentally ill person and the date of the appeal, and

(b) the frequency of appeals made under section 69 by or on behalf of the patient, and

(c) the last report concerning the patient furnished by the medical superintendent under section 69, and

(d) any other matter that the Tribunal considers relevant,

determine that no further right of appeal may be exercised by or on behalf of the patient under section 69 to the Tribunal before the date on which the patient will next be brought before the Tribunal under this Act or the date on which the patient's case will next be reviewed by the Tribunal under this Act, as the case requires.