Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 753

753 Referring question of law to Mental Health Court

(1) The president may refer a question of law in a proceeding before the tribunal to the Mental Health Court.

(2) A referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative.

(3) If a question of law is referred to the Mental Health Court under subsection (1) —

(a) the Mental Health Court may decide the question and make ancillary orders and directions; and

(b) the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and

(c) the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question.

(4) If the Mental Health Court decides a question of law referred to it under subsection (1) , the tribunal’s decision on the question is the decision of the Mental Health Court.

(5) This section applies despite section 752 .