183Review of refusal to return forensic patient to external custodian

183 Review of refusal to return forensic patient to external custodian

[Section 183 Amended by No. 4 of 2023, s. 155, Applied:25 Sep 2023] The following provisions govern the review of a Chief Psychiatrist refusal under section 70 :

(a) the Tribunal may review the refusal –

(i) on its own motion at any time; or

(ii) on the application of any person with the necessary standing;

(b) if paragraph (a)(ii) applies, the review is to be done within 7 days after the application is made;

(c) on review, the Tribunal may –

(i) affirm the refusal; or

(ii) set aside the refusal;

(d) [Section 183 Amended by No. 4 of 2023, s. 155, Applied:25 Sep 2023] if the refusal is set aside, section 70(8) applies to the patient as if the Chief Psychiatrist had agreed to the patient's request on the day the Chief Psychiatrist was notified of the Tribunal's determination.