35Purpose and findings of mental health inquiries

#### 35 Purpose and findings of mental health inquiries 35 Purpose and findings of mental health inquiries (cf 1990 Act, ss 50–52) > > (1) The Tribunal when holding a mental health inquiry is to determine whether or not, on the balance of probabilities, the assessable person is a mentally ill person. > > > (2) For that purpose, the Tribunal is to do the following— > > > > > (a) consider the reports and recommendations of the authorised medical officer and other medical practitioners who examined the person under section 27 after the person’s detention, > > > > > (b) consider any other information before the Tribunal, > > > > > (c) inquire about the administration of any medication to the person and take account of its effect on the person’s ability to communicate, > > > > > (d) have due regard to any cultural factors relating to the person that may be relevant to the determination, > > > > > (e) have due regard to any evidence given at the inquiry by an expert witness concerning the person’s cultural background and its relevance to any question of mental illness. > > > (2A) As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ask the assessable person whether the person— > > > > > (a) has been given a written statement, in the prescribed form, of the person’s legal rights and other entitlements, as required by section 74, and > > > > > (b) has been informed of the duty imposed under section 76 on the authorised medical officer relating to the giving of the notice specified in that section. > > > (2B) As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ascertain from the authorised medical officer whether the written statement and notice referred to in subsection (2A) have been given or all such things as are reasonably practicable have been done to give that statement or notice, as the case requires. > > > (3) If the Tribunal is not satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal must order that the person be discharged from the mental health facility. > > > (4) The Tribunal may defer the operation of an order for the discharge of a person for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the person to do so. > > > (5) If the Tribunal is satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal may make any of the following orders— > > > > > (a) an order that the person be discharged into the care of a designated carer or the principal care provider of the person, > > > > > (b) a community treatment order, > > > > > (c) an order that the person be detained in or admitted to and detained in a mental health facility for further observation or treatment, or both, as an involuntary patient, for a specified period of up to 3 months, if the Tribunal is of the opinion that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available or that for any other reason it is not appropriate to make any other order under this subsection. > > **s 35:** Am 2008 No 79, Sch 2 \[7\]; 2008 No 107, Sch 16 \[7\]–\[12\]; 2014 No 85, Sch 1 \[22\]; 2022 No 41, Sch 6\[3\].