Referring question of law to Mental Health Court
753 Referring question of law to Mental Health Court
The president may refer a question of law in a proceeding before the tribunal to the Mental Health Court.
A referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative.
If a question of law is referred to the Mental Health Court under subsection (1)—
the Mental Health Court may decide the question and make ancillary orders and directions; and
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
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.
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.
This section applies despite section 752.
This Act’s bill:Explanatory memorandumSecond reading speech
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