South Australian Current Acts [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] -------------------------------------------------------------------------------- MENTAL HEALTH ACT 2009 - SECT 81 81—Appeals to Board against orders (other than Board orders) (1) Any of the following persons who is dissatisfied with a community treatment order or inpatient treatment order (other than an order made by the Board) may appeal to the Board against the order: (a) the person to whom the order applies; (b) the Public Advocate; (c) a guardian, medical agent, relative, carer or friend of the person to whom the order applies; (d) any other person who satisfies the Board that he or she has a proper interest in the matter. (2) An appeal under this section may be instituted at any time during the currency of the order the subject of the appeal. (3) If an appeal under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Board at or before the commencement of the Boards proceedings on the appeal. (4) On hearing an appeal against an order, the Board must revoke the order, with immediate effect, if the Board is not satisfied that there are proper grounds for it to remain in operation. (5) Subject to subsection (4), the Board may, on hearing an appeal against an order, do 1 or more of the following: (a) dismiss the appeal; (b) affirm the order; (c) vary the order; (d) revoke the order; (e) make an order, not being an inpatient treatment order, that the Board considers should be made in respect of the person, including an order that the treatment and care plan applying to the person be reviewed.
Posted on: Sat, 22 Nov 2014 22:51:44 +0000
Trending Topics
© 2015