44Appeals against discharge refusals

#### 44 Appeals against discharge refusals 44 Appeals against discharge refusals (cf 1990 Act, ss 69, 70) > > (1) An involuntary patient or person detained at a mental health facility (the applicant) who applies to be discharged, or a person who applies for the discharge of the applicant, or a person appointed by the applicant, may appeal to the Tribunal if— > > > > > (a) the authorised medical officer refuses the application, or > > > > > (b) the authorised medical officer fails to determine the application within 3 working days after it is made. > > > (2) An appeal may be made orally or in writing and is to be made in accordance with the regulations. > > > (3) The authorised medical officer must provide the Tribunal with a report about the applicant, including the officer’s reasons for refusing to discharge the applicant or failing to determine the application. > > > (4) For the purpose of determining an appeal, the Tribunal has and may exercise the functions of the authorised medical officer with respect to the discharge application and may make an order accordingly. > > > (5) In addition, the Tribunal may determine that no further right of appeal may be exercised under this section before the date on which the person is next reviewed by the Tribunal under this Act, if it thinks it appropriate to do so, having regard to the following— > > > > > (a) the interval between the last determination under this Act that the applicant was a mentally ill person and the date of the appeal, > > > > > (b) the frequency of appeals under this section made by or on behalf of the applicant, > > > > > (c) the last report about the applicant by the authorised medical officer under this section, > > > > > (d) any other matter the Tribunal considers relevant. > > > (6) The Tribunal may defer the operation of an order under this section for the discharge of a person for a period of up to 14 days, if the Tribunal decides it is in the best interests of the person to do so. > > > > Note. > > > > The Tribunal may, on application, make a community treatment order for an involuntary patient or detained person who is the subject of an appeal (see section 51). > > **s 44:** Am 2014 No 85, Sch 1 \[26\].