Mental Health Act 2016

The procedure for the appeal is in accordance with court rules for the Mental Health Court or, if the rules make no provision or insufficient provision, as directed by the Mental Health Court.

The appeal is by way of rehearing.

In deciding the appeal, the Mental Health Court may—

confirm the decision appealed against; or

set aside the decision appealed against and substitute another decision; or

set aside the decision appealed against and return the matter to the tribunal with the directions the Mental Health Court considers appropriate.

If the Mental Health Court substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be a decision of the tribunal.