Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 752

752 Way questions decided

(1) The tribunal’s decision on a question of law arising in a proceeding is the decision of the presiding member on the question.

(2) However, if the tribunal is constituted by 1 member who is not a lawyer—

(a) the member must refer the question of law to another member who is a lawyer to decide; and

(b) the other member must decide the question; and

(c) for subsection (1) , the decision of the other member is taken to be the decision of the presiding member.

(3) If the members constituting the tribunal in a proceeding are divided in opinion about the decision to be made on another question in the proceeding, the tribunal’s decision on the question is—

(a) if there is a majority of the same opinion—the decision of the majority; or

(b) otherwise—the decision of the presiding member.