Stay of decision pending appeal
544 Stay of decision pending appeal
The Mental Health Court may stay the decision appealed against to secure the effectiveness of the appeal.
A stay—
may be given on the conditions the court considers appropriate; and
operates for the period fixed by the court; and
may be amended or revoked by the court.
The period of a stay must not extend past the time when the appeal is decided.
The court may order that the person the subject of the appeal be detained in a stated authorised mental health service for the period of the stay.
Note—
An order made under subsection (4) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.
For subsection (4), an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order.
Note—
For the powers of an authorised person when detaining and transporting a person, see chapter 11, part 6, division 5.
The administrator of the authorised mental health service stated in the order may detain the person in the service under the order.
This Act’s bill:Explanatory memorandumSecond reading speech
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