34Reviewing issue of dependency certificates

34 Reviewing issue of dependency certificates

34 Reviewing issue of dependency certificates

(1) A Judge must hold an inquiry in relation to a person brought before the Judge in accordance with section 14.

(2) An accredited medical practitioner must make all necessary arrangements to ensure that—

(a) all appropriate medical witnesses appear before the Judge, and

(b) other relevant medical evidence concerning the person is placed before the Judge.

(3) The Judge must determine whether or not, on the balance of probabilities, the person meets the criteria for detention under section 9.

(4) For that purpose, the Judge must consider the following—

(a) the reports and recommendations of any accredited medical practitioner who has examined the person,

(b) any proposed further treatment for the person and the likelihood the treatment will be of benefit to the person,

(c) the views of the person (if any),

(d) any cultural factors relating to the person that may be relevant to the determination,

(e) any other relevant information given to the Judge.

(5) If the Judge is satisfied, on the balance of probabilities, that the person meets the criteria for detention under section 9, the Judge may, having regard to the matters considered under subsection (4)—

(a) confirm the issuing of the dependency certificate, or

(b) confirm the issuing of the dependency certificate, but for a shorter period.

(6) If the Judge acts under subsection (5) (b), the certificate has effect only for the shorter period.

(7) If the Judge is not satisfied, on the balance of probabilities, that the person meets the criteria for detention under section 9, the Judge must order that the person be discharged from the treatment centre and the dependency certificate is of no further effect.