Mental Health Act 2016

A hearing of a proceeding must not be open to the public unless the tribunal, by order, directs that the hearing or part of the hearing be open to the public.

However, the tribunal must not make an order directing that a hearing be open to the public if the person the subject of the hearing is a minor.

Also, the tribunal may make an order directing that a hearing or part of a hearing be open to the public only if the tribunal is satisfied—

the person the subject of the hearing, or a lawyer or other representative of the person, has agreed to the order; and

the order will not result in serious harm to the person’s health or risk the safety of anyone else.

A person (an observer) may attend a hearing that is not open to the public under this section to observe the hearing if—

the president gives approval for the observer’s attendance at the hearing; and

the person the subject of the hearing has agreed to the observer’s attendance.

However, the president may not give approval for an observer’s attendance at the hearing if the person the subject of the hearing is a minor.