Review by Tribunal
39C Review by Tribunal
If an incorporated hospital receives a copy of a written instrument authorising the detention of a person to whom this Part applies under section 39B, the incorporated hospital must, as soon as reasonably practicable after the person is discharged from the hospital, refer the matter to the Tribunal.
A referral under subsection (1) must include—
a copy of the written instrument authorising the detention of the person; and
details about the arrangements that will be in place at the residential aged care facility to give effect to the authorisation.
On receipt of a referral under this section in relation to a person, the Tribunal must review the circumstances of the person within 6 months of the referral, and thereafter at intervals of not more than
1 year, for the purpose of ascertaining whether the authorisation of the substitute decision-maker is appropriate.
The
Tribunal may conduct a review in such manner as it thinks fit.
The
Tribunal must, on completion of a review, revoke the authorisation unless the Tribunal is satisfied that there are proper grounds for the authorisation remaining in force.
If the Tribunal is satisfied that there are proper grounds for the authorisation remaining in force, the Tribunal may, by order, vary the terms of the authorisation.
For the purposes of the South
Australian Civil and Administrative Tribunal Act 2013, a review under this section will be taken to come within the
Tribunal's original jurisdiction.
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