sec.138ZObtaining information from Mental Health Review Tribunal

sec.138Z Obtaining information from Mental Health Review Tribunal

The chief executive may, by notice, ask the Mental Health Review Tribunal (the tribunal ) for information about the relevant person if— the tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the tribunal. The chief executive must give a copy of the relevant person’s consent to the tribunal. If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the tribunal may comply with the request if the tribunal considers the information may help the chief executive make the decision. If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the tribunal must comply with the chief executive’s request. The tribunal complies with the request by giving the chief executive the following information— the tribunal’s decision on the review and reasons for the decision; a copy or written summary of an expert’s report about the relevant person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person under the Mental Health Act 2016 , section 454 ; transcripts of any hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person. s 138Z ins 2020 No. 39 s 11 (sec.138Z-ssec.1) The chief executive may, by notice, ask the Mental Health Review Tribunal (the tribunal ) for information about the relevant person if— the tribunal reviewed a forensic order to which the person is subject, or the person’s fitness for trial, under the Mental Health Act 2016 , chapter 12 , part 3 , 4 or 6 ; and the person gives the consent mentioned in section 138X (2) for the chief executive to obtain information about the person from the tribunal. (sec.138Z-ssec.2) The chief executive must give a copy of the relevant person’s consent to the tribunal. (sec.138Z-ssec.3) If the relevant person’s consent is for the chief executive to use the information when deciding whether the person poses an unacceptable risk of harm to people with disability, the tribunal may comply with the request if the tribunal considers the information may help the chief executive make the decision. (sec.138Z-ssec.4) If the relevant person’s consent is for the information to be given to the registered health practitioner preparing a report about the person’s mental health, the tribunal must comply with the chief executive’s request. (sec.138Z-ssec.5) The tribunal complies with the request by giving the chief executive the following information— the tribunal’s decision on the review and reasons for the decision; a copy or written summary of an expert’s report about the relevant person received by the tribunal in the proceeding for the review, including, for example, a report about an examination of the person under the Mental Health Act 2016 , section 454 ; transcripts of any hearing conducted for the review that the tribunal has directed may be given to a party to the hearing or another person.