Mental Health Act 2009
Part 11ASpecial provisions relating to Tribunal
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Part 11A—Special provisions relating to Tribunal 85—Tribunal must give notice of proceedings (1) Tribunal must give the following persons reasonable notice of the time and place of the hearings of proceedings before the Tribunal: (a) the applicant; (b) the person to whom the proceedings relate; (c) the Public Advocate; (ca) if the proceedings relate to an application for consent to prescribed psychiatric treatment—the Chief Psychiatrist; (d) such other persons as the Tribunal considers have a proper interest in the matter. (2) Despite subsection (1)— (a) the Tribunal is not obliged to give notice of proceedings to a person if the person's whereabouts cannot, after reasonable enquiries, be ascertained; and (b) the Tribunal may, if satisfied that urgent action is required in proceedings before the Tribunal, make an order (or any other decision) as a matter of urgency without complying with subsection (1), with effect for a period not exceeding 21 days as directed by the Tribunal. 85A—Reasons for decisions The Tribunal must, on request by a person who has a right of internal review of a decision of the Tribunal or who satisfies the Tribunal that he or she has a proper interest in the matter, furnish the person with a written statement of the Tribunal's reasons for the decision, but not— (a) if the request is made after the period for the review has expired; or (b) if a review has been instituted—after the review has been decided. 85B—Representation of person who is subject of proceedings (1) A person who is the subject of proceedings before the Tribunal is entitled to appear before the Tribunal by— (a) the Public Advocate; or (b) except in the case of an internal review—a recognised advocate. (2) Subsection (1) applies in addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013. recognised advocate means a person who is, by instrument in writing, recognised by the Tribunal as a person who is qualified to act as an advocate in proceedings before the Tribunal for the person to whom the proceedings relate.