Part 11Reviews and appeals

Part 11—Reviews and appeals 79—Reviews of treatment orders and other matters (1) The Tribunal must conduct the following reviews: (b) a review of a level 2 community treatment order that has been made in respect of a child and continues to apply to the person 3 months after the making of the order (which review must be conducted as soon as practicable after the end of the period of 3 months); (c) a review of the circumstances involved in the making of a level 1 inpatient treatment order if the order has been made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person (which review must be conducted as soon as practicable after the making of the level 1 inpatient treatment order); (ca) a review of the circumstances involved in the making of an order to extend a level 2 inpatient treatment order (which review must be conducted as soon as practicable after the making of the order to extend a level 2 inpatient treatment order); (d) a review of a level 3 inpatient treatment order that has been made in respect of a child and continues to apply to the person 3 months after the making of the order (which review must be conducted as soon as practicable after the end of the period of 3 months); (e) any review that is required under the regulations. (2) The Tribunal may conduct any other review that it considers appropriate relating to a community treatment order or inpatient treatment order or treatment administered to a person to whom an order applies under this Act. (3) The Tribunal may conduct a review under this section in any manner that it considers appropriate. (4) If a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Tribunal at or before the commencement of the Tribunal's proceedings on the review. (5) For the purposes of the South Australian Civil and Administrative Tribunal Act 2013, a review under this section will be taken to come within the Tribunal's original jurisdiction. 80—Decisions and reports on reviews of treatment orders (1) On completion of a review, the Tribunal must revoke, with immediate effect, any community treatment order or inpatient treatment order to which the review relates if the Tribunal is not satisfied that there are proper grounds for it to remain in operation. (2) Subject to subsection (1), the Tribunal may, on a review relating to a community treatment order or inpatient treatment order, do 1 or more of the following: (a) affirm the order; (b) vary the order; (c) revoke the order; (d) make an order, not being an inpatient treatment order, that the Tribunal considers should be made in respect of the person, including an order that the treatment and care plan applying to the person be reviewed. (3) The Tribunal may, on a review, provide to the Minister a written report on any matter the Tribunal considers should be drawn to the Minister's attention. 81—Reviews of orders (other than Tribunal orders) (1) Any of the following persons who is dissatisfied with a community treatment order or inpatient treatment order (other than an order made by the Tribunal) may seek a review of the order by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013: (a) the person to whom the order applies; (b) the Public Advocate; (c) a guardian, medical agent, relative, carer or friend of the person to whom the order applies; (d) any other person who satisfies the Tribunal that he or she has a proper interest in the matter. (2) A review under this section may be instituted at any time during the currency of the order the subject of the review. (2a) For the purposes of conducting a review under this section, the Tribunal must be constituted of at least 1 medical practitioner and 1 legal practitioner. (2b) If a review under this section relates to a level 1 community treatment order, the Chief Psychiatrist must, if requested by the Tribunal, cause a copy of any notice sent or given to the Chief Psychiatrist under section 11 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents. (2c) If a review under this section relates to a level 1 inpatient treatment order, the Chief Psychiatrist must cause a copy of the notice sent or given to the Chief Psychiatrist under section 22 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents. (2d) If a review under this section relates to a level 2 inpatient treatment order, the Chief Psychiatrist must cause a copy of the notice sent or given to the Chief Psychiatrist under section 26 to be given to the Tribunal within 1 business day of the Tribunal requesting the documents. (3) If a review under this section relates to a patient to whom a treatment and care plan applies, the Chief Psychiatrist must cause a copy of the plan to be submitted to the Tribunal at or before the commencement of the Tribunal's proceedings on the review. 83—Review of directions for transfer of patients to interstate treatment centres (1) Any of the following persons who is dissatisfied with a direction under section 70 for the transfer of a patient to an interstate treatment centre may seek a review of the direction by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013: (a) the patient; (b) the Public Advocate; (c) a guardian, medical agent, relative, carer or friend of the patient; (d) any other person who satisfies the Tribunal that he or she has a proper interest in the matter. (2) A review under this section must be instituted within 14 days after the giving of the direction. (3) The Tribunal may, on hearing a review of a direction, affirm or revoke the direction. 83A—Reviews and appeals The following provisions operate in connection with the application of Part 5 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to this Act: (a) a decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal may not be the subject of an application for internal review; (b) subject to paragraph (a), an application for internal review may be made by— (i) the applicant in proceedings before the Tribunal in the exercise of its original jurisdiction (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) for the purposes of this Act; or (ii) a person to whom the proceedings relate (if not the applicant under paragraph (a)); or (iii) the Public Advocate; or (iv) any person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings; or (v) any other person who satisfies the Tribunal that he or she has a proper interest in the matter; (c) the person to whom an application for internal review relates (if he or she is not the applicant) will be a party to those proceedings; (d) the Tribunal must hear and determine an internal review as expeditiously as is reasonably practicable and must give priority to hearing and determining internal reviews of decisions relating to an application relating to the detention of any person; (e) the constitution of the Tribunal must be consistent with the following requirements for an internal review in the following cases: (i) in the case of an internal review that relates to an order of the Tribunal under section 16 or 29—the Tribunal must not be constituted by a medical practitioner sitting alone; (ii) in the case of an internal review that relates to a review under section 81—the Tribunal must be constituted by 3 members; (f) the Tribunal may make an order for costs against a party to proceedings for internal review, but only if the Tribunal is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay; (g) subject to paragraph (h), an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 must be instituted within 14 days— (i) after the making of the decision to which the appeal relates; or (ii) after being furnished with the reasons for that decision, whichever is the later (but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired)); (h) the following decisions of the Tribunal are not appealable to the Supreme Court: (i) a decision not to authorise publication of a report of proceedings before the Tribunal; (ii) a decision made by the Tribunal in the exercise of its review jurisdiction under section 34 of the South Australian Civil and Administrative Tribunal Act 2013; (i) no order for costs may be made against an applicant in an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 if he or she is the person to whom the decision appealed against relates. 84—Representation on reviews or appeals (1) In every review or appeal, or application for permission for review or appeal, under this Part (other than a review under section 79), the person to whom the proceedings relate is entitled to be represented by counsel in accordance with this section. (2) If a person chooses to be represented by counsel pursuant to this section, he or she is entitled to be represented by a legal practitioner provided pursuant to a scheme established by the Minister for the purposes of this section, being a legal practitioner— (a) chosen by the person himself or herself; or (b) in default of the person making a choice, chosen by such person or authority as the scheme contemplates. (3) A legal practitioner (not being an employee of the Crown or a statutory authority) who represents a person pursuant to this section is entitled to receive fees for his or her services from the Minister, in accordance with a prescribed scale, and cannot demand or receive from any other person any further fee for those services. (4) Nothing in this section derogates from the right of the person to whom the proceedings relate to engage counsel at his or her own expense, or to appear personally, by the Public Advocate or by a representative pursuant to any other provision of this Act.