612
CurrentPowers of court on appeal
Chapter 5Mental Health Court references
Part 3Proceedings for references
612 Powers of court on appeal
(1)
In deciding an appeal against an internal review decision, the court—
(a)
has the same powers as the chief executive for making the internal review decision; and
(b)
is not bound by the rules of evidence; and
(c)
must comply with natural justice.
(2)
An appeal is by way of rehearing.
(3)
The court may—
(a)
confirm the internal review decision; or
(b)
set aside the internal review decision and substitute another decision; or
(c)
set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.
This Act’s bill:Explanatory memorandumSecond reading speech
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