Mental Health Act 2016

Without limiting the tribunal’s power under section 763, a person’s contempt of the tribunal may be punished under this section.

The president may certify the contempt in writing to the Supreme Court (the court).

For subsection (2), it is enough for the president to be satisfied there is evidence of contempt.

The president may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the court to be dealt with according to law.

The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.

The court must inquire into the alleged contempt.

The court must hear—

witnesses and evidence that may be produced against or for the person whose contempt was certified; and

any statement given by the person in defence.

If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to a proceeding in the court.

The Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish with necessary changes.

The president’s certificate of contempt is evidence of the matters contained in the certificate.