36BAppeal against direction under section 36A

36B Appeal against direction under section 36A

[Section 36B Inserted by No. 72 of 2005, s. 82, Applied:20 Feb 2006] [Section 36B Substituted by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

(1)  [Section 36B Subsection (1) amended by No. 18 of 2021, s. 58, Applied:05 Nov 2021] A prisoner or detainee may appeal to the Tribunal against –

(a) the failure to make a direction under section 36A(2) or (3) if the prisoner or detainee has made a request under section 36A(2)(a)(ii) ; or

(b) [Section 36B Subsection (1) amended by No. 4 of 2023, s. 6, Applied:25 Sep 2023] the requirement by the Chief Psychiatrist under section 36A(7) for the Director to remove the prisoner or detainee from a secure mental health unit.

(2)  The commencing of an appeal does not affect the operation of the direction or requirement appealed against.

(3)  [Section 36B Subsection (3) amended by No. 18 of 2021, s. 58, Applied:05 Nov 2021] An appeal is to be heard and determined by the Tribunal within 7 days from receipt of the appeal.

(4)  [Section 36B Subsection (4) substituted by No. 18 of 2021, s. 58, Applied:05 Nov 2021] The Tasmanian Civil and Administrative Tribunal Act 2020 applies to the hearing and determination of an appeal, regardless of whether or not the prisoner or detainee has a mental illness, as if it were a review under that Act.