64Purpose and findings of reviews

#### 64 Purpose and findings of reviews 64 Purpose and findings of reviews (cf 1990 Act, s 143A) > > (1) The Tribunal is, on a review of an affected person, to determine whether the person is a mentally ill person for whom no other care (other than care in a mental health facility) is appropriate and reasonably available. > > > (2) For that purpose, the Tribunal is to do the following— > > > > > (a) consider any information before it, > > > > > (b) inquire about the administration of any medication to the person and take account of its effect on the person’s ability to communicate. > > > (3) If the Tribunal determines that the affected person is a mentally ill person or a mentally disordered person for whom no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate or reasonably available, the Tribunal must determine whether the person should be detained in the declared mental health facility until the end of the community treatment order or should be detained in the facility as an involuntary patient. > > > (4) If the Tribunal does not determine that the person is a mentally ill person or is of the opinion that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate or reasonably available— > > > > > (a) it must make an order that the person be discharged from the declared mental health facility in which the person is detained, and > > > > > (b) it may make any community treatment order that it could make on a review of an involuntary patient. > > > (5) The Tribunal may defer the operation of an order for the discharge of an affected person for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the affected person to do so. > > > (6) An order made by the Tribunal under this section is to be in the form approved by the President. > > **s 64:** Am 2008 No 79, Sch 2 \[17\] \[18\].